McErlane v Kelly [2015] NSWCATAP 93

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McErlane v Kelly [2015] NSWCATAP 93 Hearing dates: 29 October 2014 Date of orders: 20 May 2015 Decision date: 20 May 2015 Jurisdiction: Appeal Panel Before: J Smith, Senior Member P Wass SC, Senior Member Decision: 1.Appeal dismissed 2.Order of the Tribunal of 4 July 2014 that the appellant is to pay to the respondent the sum of $42,350 forthwith is confirmed. Catchwords: ADMINISTRATIVE LAW - procedural fairness – absence at the hearing – case not adequately put – evidence required of case to be put had the party been present at the hearing. Legislation Cited: Civil and Administrative Tribunal Act 2013; ss. 36 and 38 Civil and Administrative Tribunal Regulation 2013; Regulation 9(1)(b) Cases Cited: Annetts v McCann [1990] HCA 57; (1990) 170 CLR 596 at 598; 97 ALR 177; (1990) 65 ALJR 167; 21 ALD 651. Kioa and Ors v West [1985] HCA 81; (1985) 159 CLR 550 at 585 and at 612-615; (1985) 62 ALR 321; (1986) 60 ALJR 113; 9 ALN N28. Collins v. Urban [2014] NSWCATAP 17 Kline v. NSW Land and Housing Corporation [2014] NSWCATAP 41 Category: Principal judgment Parties: Christopher Stanley McErlane (Appellant) Tanya Kelly (Respondent) Representation: Counsel: George (Appellant) N/A Self Represented (Respondent)

Solicitors: Reimer Winter Williamson Lawyers (Appellant) N/A Self Represented (Respondent) File Number(s): AP 14/46513 Decision under appeal Court or tribunal: NCAT Jurisdiction: Consumer and Commercial Division Date of Decision: 4 July 2014 Before: T Simon File Number(s): HB 14/27596