Li v Ward Building Construction Pty Ltd [2016] NSWCATAP 104

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Li v Ward Building Construction Pty Ltd [2016] NSWCATAP 104 Hearing dates: On the papers Date of orders: 12 May 2016 Decision date: 12 May 2016 Jurisdiction: Appeal Panel Before: Boland AM ADCJ, Deputy President Hennessy LCM, Deputy President Decision: 1. The matter is to be determined without a hearing. 2. The appellant's application to vary or set aside the Appeal Panel's decision of 9 February 2016 is dismissed. Catchwords: STATUTORY INTERPRETATION – meaning of "decision … made in the absence of a party" in clause 9(1)(b) of the Civil and Administrative Tribunal Regulation 2013 - application to vary or set aside a decision – whether a reserved decision can be said to be made in the absence of a party Legislation Cited: Civil and Administrative Tribunal Regulation 2013 (NSW), cl 9(1)(b), cl 9(5) Civil and Administrative Tribunal Act 2013 (NSW), s 32(3)(a), s 50(1)(c), s 56 Category: Procedural and other rulings Parties: Bo Li (Appellant) Ward Building Construction Pty Ltd (Respondent) Representation: B Li (self-represented) D Y Hua (Managing Director Ward Building Construction Pty Ltd) (Respondent) File Number(s): AP 16/11002 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2015] NSWCAT Date of Decision: 10 August 2015 Before: S de Jersey, General Member File Number(s): HB 14/49405