Holley v Evatt [2014] NSWCATAP 72

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Holley v Evatt [2014] NSWCATAP 72 Hearing dates: 30 September 2014 Decision date: 29 October 2014 Jurisdiction: Appeal Panel Before: R Seiden SC, Principal Member S Thode, Senior Member Decision: Leave to appeal granted and appeal allowed. Set aside orders 1 and 4 made on 3 March 2014. Remit the matter to the Tribunal similarly constituted to be reconsidered. The appellant and respondent to file and serve all evidence they wish to rely upon, on or before 3 December 2014. No order as to costs. Catchwords: ADMINISTRATIVE - Civil and Administrative Tribunal (NSW) - Appeal - no question of law - leave to appeal - whether substantial miscarriage of justice - leave to appeal granted Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Consumer Claims Act 1998 (NSW) Cases Cited: Bilquip Pty Ltd, Illmat Pty Ltd, Holibass Pty Ltd v Chief Commissioner of State Revenue (NSW) (RD) [2013] NSWADTAP 36 Collins v Urban [2014] NSWCATAP 17 Kline v NSW Land and Housing Corporation [2014] NSWCATAP 41 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Margaret Holley (Appellant) Elizabeth Evatt (Respondent) Representation: Margaret Holley in person Mr Fozzard (Respondent) File Number(s): AP 14/46307 (AP 14/0030) and AP 14/46388 (AP 14/0210) Decision under appeal Jurisdiction: 150003 Date of Decision: 03 March 2014 Before: N Vrabac (Senior Member) File Number(s): GEN13/53269