JCD Ideas Holdings Pty Ltd T/AS Cafeideas v Poole & Poole [2015] NSWCATAP 122

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: JCD Ideas Holdings Pty Ltd T/AS Cafeideas v Poole & Poole [2015] NSWCATAP 122 Hearing dates: 15 June 2015 Date of orders: 26 June 2015 Decision date: 26 June 2015 Jurisdiction: Appeal Panel Before: A P Coleman SC, Senior Member K Rosser, Senior Member Decision: 1. Appeal allowed 2. Matter remitted to the Tribunal as originally constituted for the provision of adequate reasons within the meaning of s.62 of the Civil and Administrative Tribunal Act, 2013 and otherwise according to law. Catchwords: APPEAL: Adequacy of reasons-duty to give reasons Legislation Cited: Civil and Administrative Tribunal Act (NSW) 2013 Cases Cited: Collins v Urban [2014] NSWCATAP 17 at [47 ]-[57] Pettitt v Dunkley [1971] 1 NSWLR 376 at 387 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 at [13] Category: Principal judgment Parties: JCD Ideas Holdings Pty Ltd T/As Cafeideas – Appellant Penelope Poole and David Poole T/As Ferry Park Restaurant - Respondents Representation: Counsel: Mr K Papanicolaou, Solicitor for appellant Mrs P Poole - respondents

Solicitors: PK Lawyers & Barristers – appellant Mr P O'Connor, MJO Legal – respondents (written submissions only) File Number(s): AP 15/14703 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 24 February 2015 Before: R Harris, Member File Number(s): GEN 14/55519