White v Carlton Tow Bars Pty Ltd t/a TJM Southside [2014] NSWCATAP 36

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: White v Carlton Tow Bars Pty Ltd t/a TJM Southside [2014] NSWCATAP 36 Hearing dates: 28 July 2014 Decision date: 04 August 2014 Jurisdiction: Appeal Panel Before: Wright J, President Hennessy LCM, Deputy-President Decision: 1. The application to issue the summons in the draft form submitted by the appellant on 24 June 2014 is refused. Catchwords: ADMINISTRATIVE LAW - Civil and Administrative Tribunal (NSW) - appeal - application to issue summons - Rule 34 - refused. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Corporations Act 2001 (Cth) Service and Execution of Process Act 1992 (Cth) Cases Cited: Rochfort v Trade Practices Commission (1982) 153 CLR 134 Attorney-General for New South Wales v Stuart (1994) 34 NSWLR 667 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Category: Interlocutory applications Parties: Peter Graham White (Appellant) Carlton Tow Bars Pty Ltd t/a TJM Southside (Respondent) File Number(s): AP14/0215 Decision under appeal Date of Decision: 2014-05-15 00:00:00 Before: M Eftimiou (General Member) File Number(s): MV 13/57046

reasons for decision 1The appellant has applied for a summons to be issued for the purpose of obtaining evidence in relation to his appeal. For the reasons set out below this application is refused. The refusal of this application is not intended to involve any criticism of the appellant who has, as far as the Appeal Panel can discern, conscientiously attempted to prepare an appropriate draft form of summons but has been unsuccessful. Accordingly, the Appeal Panel has taken the trouble to indicate in these reasons how the problems with the present draft form of the summons can be overcome. It is noted that the hearing of this appeal is not due to take place until 2 October 2014 (a date chosen to suit the appellant). Accordingly, there should be sufficient time for a fresh summons to be prepared and served, if the appellant wishes to do so. 2The Appeal Panel has dealt with this matter in greater detail than might otherwise be appropriate having regard to the amount involved in these proceedings in order to provide some general guidance in relation to the issue of summonses in proceedings in the Tribunal.