Steven McLaughlin v Rita Mary Fry [2015] NSWCATAP 5

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Steven McLaughlin v Rita Mary Fry [2015] NSWCATAP 5 Hearing dates: On the Papers Date of orders: 24 February 2015 Decision date: 24 February 2015 Jurisdiction: Appeal Panel Before: P H Molony, Senior Member Christine Paul, Senior Member Decision: 1. Leave to appeal granted. 2. Appeal allowed. 3. Remit the proceedings to the Consumer and Commercial Division for rehearing before a differently constituted Tribunal at Goulburn with both parties to be given the opportunity to rely on further evidence and submissions. Catchwords: Leave to appeal decision of Consumer and Commercial Division - appellant not served with notice of original hearing until after hearing took place – hearing not fair and equitable because appellant deprived of opportunity to present his case – may have resulted in a substantial injustice – leave granted – appeal allowed. Legislation Cited: Civil and Administrative Tribunal Act 2013 Consumer Claims Act 1998 Cases Cited: Atkinson v Crowley [2011] NSWCA 194 BHP Billiton Ltd v Dunning [2013] NSWCA 421 Calin v The Greater Union Organisation Pty Ltd (1991) 173 CLR 33 Collins v Urban [2014] NSWCATAP 17 Hutchings v CTTT [2008] NSWSC 717 Kyriakou v Long [2013] NSWSC 1890 Mainteck Services Pty Limited v Stein Heurtey SA [2013] NSWSC 266 Nakad v Commissioner of Police, NSW Police Force [2014] NSWCATAP 10 SAB v SEM [2013] NSWSC 253 Category: Principal judgment Parties: Appellant - Steven McLaughlin Respondent – Rita May Fry Representation: Appellant – in person Respondent – in person File Number(s): AP 14/46892 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 2 September 2014 Before: J Lennard File Number(s): GEN 14/40256