Chamma v Director General, NSW Fair Trading [2015] NSWCATOD 69

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chamma v Director General, NSW Fair Trading [2015] NSWCATOD 69 Hearing dates: On the papers Decision date: 09 July 2015 Jurisdiction: Occupational Division Before: K Rosser, Senior Member Decision: 1. The application to extend time to make an application to set aside the decision made by the Tribunal on 4 May 2015 is dismissed.

2. The Tribunal declines to reinstate the application pursuant to s 55(2) of the Civil and Administrative Tribunal Act 2013. Catchwords: Set aside application out of time; No reasonable explanation for failure to appear; Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Regulation 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Category: Principal judgment Parties: Solicitors: Ramy Chamma (Applicant) H Williams, NSW Fair Trading (Respondent) Representation: Solicitors: R Chamma (Applicant in person) NSW Fair Trading (Respondent) File Number(s): 1520013

Reasons for decision

Background 1. Mr Chamma applied for review of a decision made by the Director General, NSW Fair Trading. His application for review was listed for hearing on 4 May 2015. A Registry officer contacted Mr Coluccio, the solicitor on the record for Mr Chamma. He advised that he no longer represented Mr Chamma and stated that Mr Chamma was aware of the hearing. An attempt was made to contact Mr Chamma by phone, but this was unsuccessful. Mr Chamma's application for review was consequently dismissed for failure to appear pursuant to s 55(1)(c) of the Civil and Administrative Tribunal Act 2013 (the NCAT Act). 2. Mr Chamma applied for the Tribunal's order dismissing his application to be set aside under Reg 9(1) of the Civil and Administrative Tribunal Regulation 2013 (the Regulation). For the reasons set out below, the Tribunal has determined not to extend time for making this application. The Tribunal has also decided not to reinstate the application under s 55(2) of the NCAT Act because it does not consider that Mr Chamma had a reasonable explanation for failing to appear at the hearing.