Commissioner of Fair Trading, Office of Finance and Services, NSW Fair Trading v Kassem [2015] NSWCATAP 221

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Fair Trading, Office of Finance and Services, NSW Fair Trading v Kassem [2015] NSWCATAP 221 Hearing dates: On the papers Date of orders: 14 October 2015 Decision date: 14 October 2015 Jurisdiction: Appeal Panel Before: Mr L P Robberds QC Senior Member Mr J McAteer Senior Member Decision: 1 Pursuant to s.50 (2) of the Civil and Administrative Decisions Tribunal Act, 2013, the Appeal Panel dispenses with a hearing. 2. The case be reconsidered by the Tribunal with further evidence. 3. The proceedings be listed before the Registrar as soon as possible for the purpose of the giving of directions for the filing of evidence and submissions and for the fixing of a new hearing date. Catchwords: Consequential orders; whether after successful appeal the Appeal Panel should remit to the Tribunal for the further hearing or it should itself determine the dispute. Legislation Cited: Civil and Administrative Decisions Tribunal Act, 2013 Cases Cited: Commissioner of Fair Trading, Office of Finance and Services, NSW Fair Trading v Kassem [2015] NSWCATAP 173 Category: Consequential orders (other than Costs) Parties: Commissioner of Fair Trading, Office of Finance and Services, NSW Fair Trading (Appellant) Mohammed Kassem (Respondent) Representation: Counsel: Ms N F Case (Appellant)

Solicitors: Mr J Coss (Appellant)

Respondent in person File Number(s): AP 15/32703 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Occupational Division Citation: [2015] NSWCATOD 29 Date of Decision: 10 April 2015 Before: J Lucy, Senior Member File Number(s): 1420238