Ryan Stephen Trenholme t/as Trenholmes Constructions v Anthony Kurt Paltram [2015] NSWCATAP 36

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ryan Stephen Trenholme t/as Trenholmes Constructions v Anthony Kurt Paltram [2015] NSWCATAP 36 Hearing dates: 16 February 2015 Date of orders: 09 March 2015 Decision date: 09 March 2015 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member S Thode, Senior Member Decision: 1. The appeal be allowed.

2. The orders made by the Tribunal on 10 September 2014 as corrected on 22 September 2014 be set aside.

3. The whole of the case be reconsidered by the Tribunal. Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) – decision in absence of respondent to money claim – discretionary power to proceed ex parte in the Tribunal's rules – failure to properly consider – failure to provide reasons. Legislation Cited: Civil and Administrative Tribunal Rules 2014 Cases Cited: Brennan v New South Wales Land and Housing Corporation; New South Wales Land and Housing Corporation v Brennan [2011] NSWCA 298; Al-Mehdawi v Secretary of State for the Home Department (1990) 1 AC 876. Category: Principal judgment Parties: Ryan Stephen Trenholme (Appellant) Anthony Kurt Paltram (Respondent) Representation: None File Number(s): AP 14/48023 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 10 September 2014 (as amended on 22 September 2014) Before: J McMillan – Member File Number(s): HB 14/41573