Short v Smith [2015] NSWCATAP 108

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Short v Smith [2015] NSWCATAP 108 Hearing dates: 18 May 2015 Date of orders: 16 June 2015 Decision date: 16 June 2015 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President M Anderson, Senior Member Decision: Leave to appeal is granted The appeal is upheld The decision below is set aside The appellant is to obtain any expert reports upon which he intends to rely in defending the proceedings and such report is to be filed with the Tribunal and a copy served on the respondent within six weeks from the date of these orders. The proceedings are remitted to the Consumer and Commercial Division for rehearing. Catchwords: ADMINISTRATIVE LAW- Civil and Administrative Tribunal (NSW)- whether there was a substantial miscarriage of justice under clause 12(1) of Schedule 4 Civil and Administrative Tribunal Act 2013 (NSW)- appellant not afforded a reasonable opportunity to be heard in the hearing at which he did not appear- there is insufficient evidence to be satisfied that the appellant knew of the date of the hearing- if the Tribunal did not find that the appellant was an employee the appellant defends the case against him on the basis that the work was not defective and then relies upon an expert report in response to the report that the respondent had relied upon- leave to appeal under section 80(2)(b) Civil and Administrative Tribunal Act 2013 (NSW) granted and appeal allowed- order that the appellant obtain an expert report- file and serve a copy on the respondent within six weeks and such report to be used in the remitted hearing. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Regulations 2013 Cases Cited: Hammond v. Ozzy's Cheapest Cars [2015] NSWCATAP 65 Category: Principal judgment Parties: Appellant: Jason Short Respondent: Darren Smith Representation: Both parties represented themselves File Number(s): AP 15/06825 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal New South Wales Jurisdiction: Consumer and Commercial Division Date of Decision: 30 January 2015 Before: D Barnetson File Number(s): HB15/00199,HB 14/39812