Yarraford Pastoral Company Pty Ltd v Wise [2015] NSWCATAP 201

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Yarraford Pastoral Company Pty Ltd v Wise [2015] NSWCATAP 201 Hearing dates: 8 July 2015 Date of orders: 22 September 2015 Decision date: 22 September 2015 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President T. Simon, Senior Member Decision: 1. The decision of the Tribunal made on 27 March 2015 that, "The applicant shall pay the respondent's cost in this matter in the sum of $5,000" is set aside. 2. The requirement in Rule 13(3) of the Civil and Administrative Tribunal Rules 2014 as to the way a submission may be served on, given to or lodged with the Tribunal is dispensed with. 3. The Tribunal is to re-consider Mr Wise's application for costs taking into account the submissions of Yarraford Pastoral Pty Ltd provided by email on 6 March 2015 and any submission Mr Wise may be directed to lodge and serve in reply. Catchwords: PROCEDURAL FAIRNESS – fair hearing rule - whether party given a reasonable opportunity to be heard when submissions emailed to Tribunal before the due date were not received by Tribunal Member and not taken into account Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 38(5)(c) Civil and Administrative Tribunal Rules 2014, cl 13 Electronic Transactions Act 2000 (NSW), Sch 1, cl 9 Consumer Trader and Tenancy Tribunal Act 2001 (repealed) Cases Cited: Kioa v West [1985] HCA 81; (1985) 159 CLR 550 Re Minister for Immigration and Multi-Cultural and Indigenous Affairs, 214 CLR 1 Category: Principal judgment Parties: Yarraford Pastoral Company Pty Ltd (Appellant) I Wise (Respondent) Representation: Counsel: T Flaherty (Appellant) D Smallbone (Respondent)