Gallo v Duflou [2014] NSWCATAP 115

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gallo v Duflou [2014] NSWCATAP 115 Hearing dates: 28 October 2014 Decision date: 23 December 2014 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President Dr J Lucy, Senior Member Decision: 1.Appeal upheld 2.Order made by the Tribunal below quashed 3.Pursuant to s81(i)(e) of the Civil and Administrative Tribunal Act 2013, order that the case be reconsidered by the Tribunal below, with such further evidence as the Tribunal allows, consistently with the rules of procedural fairness. Catchwords: Procedural fairness - Opportunity to be heard - Unrepresented litigant - Failure to provide opportunity to cross examine witness Legislation Cited: Civil and Administrative Tribunal Act 2013 Consumer Trader and Tenancy Tribunal Act 2001 Cases Cited: Williams v NSW Land and Housing Corporation [2012] NSWSC 1022 Cheung v Yang [2013] NSWSC 1694 Wakim v Mathiew Pty Ltd [2002] NSWSC 405 Lee v Cha [2008] NSWCA 13 Norfeld Pty Ltd v Jones trading as Watermark Patent & Trademark Attorneys [2014] NSWSC 992 In the Marriage of N and M L Johnson (1997) 22 Fam LR 141 Category: Principal judgment Parties: Antonio Gabriel Gallo (Appellant) Johan Duflou (Respondent) Representation: Appellant in person Respondent in person File Number(s): AP 14/46492 Decision under appeal Jurisdiction: 150003 Date of Decision: 2014-07-08 00:00:00 Before: C Paull, Senior Member File Number(s): HB 14/17058