Lameh Mourad v Omar Aly [2015] NSWCATAP 49

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lameh Mourad v Omar Aly [2015] NSWCATAP 49 Hearing dates: 17 February 2015 Date of orders: 25 March 2015 Decision date: 25 March 2015 Jurisdiction: Appeal Panel Before: The Hon. DA Cowdroy OAM QC, Principal Member Ms T Simon, Senior Member Decision: That the appellant be granted an extension of time pursuant to s 41 of the NCAT Act to bring this appeal. The appeal be allowed. The decision of the Tribunal dated 20 August 2014 be set aside. The proceedings be listed for a directions hearing for orders concerning the submission of any further evidence and for a hearing date. Catchwords: Appeal – extension of time to bring appeal – failure to attend hearing and to comply with directions – adequacy of medical certificate – challenged decision failing to disclose reasons Legislation Cited: Home Building Act 1999 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Gallo v Dawson [1990] HCA 30 Jackamara v Krakouer (1998) 195 CLR 516 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Kentucky Fried Chicken Proprietary Limited v Gantidis [1979] 140 CLR 675 Magjarraj v Asteron Life Limited [2009] NSWSC 1433 Nanschild v Pratt [2011] NSWCA 85 Tomko v Palasty (No. 2) [2007] NSWCA369 Texts Cited: None Category: Principal judgment Parties: Lameh Mourad (Appellant) Omar Aly (Respondent) Representation: Counsel: Appellant and respondent appealed in person