Head Mod Nominees Pty Ltd v Macken [2016] NSWCATAP 106

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Head Mod Nominees Pty Ltd v Macken [2016] NSWCATAP 106 Hearing dates: 2 June 2015 Date of orders: 16 May 2016 Decision date: 16 May 2016 Jurisdiction: Appeal Panel Before: S Higgins, Principal Member Dr J Lucy, Senior Member Decision: 1. Appellant granted leave to appeal. 2. Appeal allowed. 3. The decision of the Tribunal below is set aside. 4. The application that was the subject of the appeal is to be reconsidered by the Tribunal, differently constituted, in accordance with these reasons for decision. Catchwords: ADMINISTRATIVE LAW – appeal – adequacy of reasons – expert evidence – non-compliance with procedural direction – whether appellant may have suffered a substantial miscarriage of justice because the decision is not just and equitable and against the weight of the evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 Australian Consumer Law (NSW) Evidence Act 1995 (NSW) Fair Trading Act 1987 (NSW) Cases Cited: BCS v NSW Civil and Administrative Tribunal [2015] NSWSC 126 Chi Building Pty Ltd v Wedgewood [2016] NSWCATAP 65 Collins v Urban [2014] NSWCATAP 17 Commissioner of Police, NSW Police Force v Barrett [2015] NSWCATAP 68HG v The Queen (1999) 197 CLR 414 John Prendergast &Vanessa Prendergast v Western Makita (Aust) Pty Ltd v Sprowles (2001) 52 NSWLR 705; [2001] NSWCA 305 Keith v Gal [2013] NSWCA 339 Murray Irrigation Pty Ltd [2014] NSWCATAP 69 R v The War Pensions Entitlement Appeals Tribunal; Ex parte Bolt [1933] HCA 30; (1933) 50 CLR 228 Yong v Antworks Pty Ltd [2016] NSWCATAP 14 Texts Cited: Stephen Odgers "Uniform Evidence Law" (9th Edition, Law Book Company) Category: Principal judgment Parties: Head Mod Nominees Pty Ltd (appellant) Paul Macken (respondent) Representation: Counsel: D Allen for the respondent