Gaynor v Burns [2015] NSWCATAP 184

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gaynor v Burns [2015] NSWCATAP 184 Hearing dates: On written request from the appellant Date of orders: 27 April 2015 Decision date: 01 September 2015 Jurisdiction: Appeal Panel Before: Boland JADCJ (Deputy President) Emeritus Professor M Chesterman (Principal Member) L Robberds, QC, Senior Member Decision: The application under s 62 of the Civil and Administrative Tribunal Act 2013 (NSW) is dismissed. Catchwords: APPEAL allowed by consent. Request for reasons. Whether appropriate to give reasons where orders made by consent. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Category: Procedural and other rulings Parties: Bernard Gaynor (Appellant) Garry Burns (Respondent) Representation: Solicitors Robert Balzola and Associates (Appellant) K & L Gates (Respondent): File Number(s): AP 15/05125 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2015] NSWCATAD 24 Date of Decision: 20 January 2015 Before: Hennessy LCM, Deputy President File Number(s): 1410372

reasons for decision

Introduction 1. On 27 April 2015 the Appeal Panel made orders by consent granting leave to appeal, and allowing an appeal against an interlocutory order made by Hennessy LCM and Deputy President of the Tribunal and gave directions for the remitting of the matter for rehearing. 2. At the same time, the Tribunal made directions for the filing of written submissions in respect of costs. Submissions were subsequently received from the parties on costs and the appeal panel published its reasons for decision in respect of costs on 23 July 2015. 3. On 27 July 2015 the appellant's solicitors, Robert Balzola and Associates, wrote to the Tribunal. In that letter the appellant's solicitors assert "[u]ntil the conclusion of the matter on 23 July 2015 this matter was not complete". It is further asserted that the decision published by the appeal panel only deals with Orders 6 and 7 (being the directions made on 27 April 2015 in respect of filing written submissions in respect of costs). The solicitors state:"[t]he Decision Record of the Decision of 23 July 2015 for the substantive Orders 1 to 5 inclusive have no published reasons. 4. The solicitors go on to request "written reasons for Orders 1 to 5 inclusive be published being within 28 days from date of notification of decision from the Decision Date of 23 July 2015".