Ayoub v CPT Corp Pty Ltd [2015] NSWCATAP 259

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ayoub v CPT Corp Pty Ltd [2015] NSWCATAP 259 Hearing dates: 7 October 2015 Date of orders: 03 December 2015 Decision date: 03 December 2015 Jurisdiction: Appeal Panel Before: R Seiden SC, Principal Member T Simon, Senior Member Decision: 1. Appeal allowed.

2. Matter remitted to the Tribunal to be heard and determined by a differently constituted Tribunal. Catchwords: Civil and Administrative Tribunal (NSW) – Appeal – question of law – denial of procedural fairness – expert evidence – no opportunity to reply Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (Cth) NCAT Procedural Direction 3 Cases Cited: Clements v Independent Indigenous Advisory Committee [2003] FCAFC 143; (2003) 131 FCR 28; Dasreef Pty Ltd v Hawchar [2011] HCA 21; (2011) 243 CLR 588 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Italiano v Carbone (2005) NSWCA 177 Kioa v West (1985) 159 CLR 550 Miah v Minister for Immigration and Multicultural Affairs (2001) 206 CLR 57 Category: Principal judgment Parties: Amel Ayoub (appellant) CPT Corp Pty Ltd (respondent) Representation: Counsel: M McMahon (appellant)

Representative: Thi My Huong Trinh and Huu Phuoc Le (by leave for the respondent) File Number(s): AP 15/38986 Decision under appeal Court or tribunal: Civil and Administrative Tribunal (NSW) Jurisdiction: Consumer and Commercial Division Date of Decision: 21 May 2015 Before: F Holles, Tribunal Member File Number(s): HB 15/08549