Bezzina v Nigel [2016] NSWCATAP 45

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bezzina v Nigel [2016] NSWCATAP 45 Hearing dates: 29 January 2016 Date of orders: 23 February 2016 Decision date: 23 February 2016 Before: S Westgarth, Deputy President S Higgins, Principal Member Decision: 1. The appeal is allowed.

2. The decision of the Tribunal is set aside.

3. The respondent's claim is to be reconsidered by the Tribunal together with any evidence filed by the appellant and any evidence of the respondent in reply thereto in accordance with orders to be made by the Tribunal. Catchwords: APPEAL – Civil and Administrative Tribunal – internal appeal from a decision of the Tribunal in the Consumer and Commercial Division – denial of procedural fairness – failure to notify appellant of the hearing date Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Consumer Trader and Tenancy Tribunal Act 2001 (repealed) Consumer Trader and Tenancy Tribunal Regulation 2009 (repealed) Electronic Transactions Act 2000 Interpretation Act 1987 Cases Cited: Brennan v New South Wales Land and Housing Corporation: New South Wales Land and Housing Corporation v Brennan (2011) 83 NSWLR 23, [2011] NSWCA 298 CKG v Public Guardian [2014] NSWCATAP 32 Kline v NSW Land and Housing Corporation [2014] NSWCATAP 41 Stead v State Government Insurance Commission (1886) 161 CLR 141, [1986] HCA 54 Texts Cited: Mark Aronson and Mathew Groves "Judicial Review of Administrative Action" (5th ed 2013, Thomson Reuters) Category: Principal judgment Parties: David Bezzina (Appellant)