203 Castlereagh St Pty Ltd v Skybloo Holdings Pty Ltd [2016] NSWCATAP 172

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: 203 Castlereagh St Pty Ltd v Skybloo Holdings Pty Ltd [2016] NSWCATAP 172 Hearing dates: 18 May 2016 Date of orders: 27 July 2016 Decision date: 27 July 2016 Jurisdiction: Appeal Panel Before: Cowdroy ADCJ, Principal Member P Molony, Senior Member Decision: (1) The decisions under appeal are set aside. (2) The proceedings be remitted to the Tribunal for hearing by Senior Member Bluth. (3) Costs reserved. Catchwords: Appeal for hearing on the papers – requirements of s 50 of the Civil and Administrative Tribunal Act 2013 with respect to hearing on papers – Tribunal failed to consider matters required by s 50 – appeal allowed Legislation Cited: Civil and Administrative Tribunal Act 2013 Retail Leases Act 1994 Civil and Administrative Tribunal Regulation 2013 Cases Cited: 203 Castlereagh Street Pty Ltd v Skybloo Holdings (No 2) [2015] NSWCATAP 170 House v The King (1936) 55 CLR 499 Jones v National Coal Board [1957] 2QB 55 Stead v State Government Insurance Commission (1986) 161 CLR 141 Re Refugee Review Tribunal & Anor; ex parte AAla [2000] HCA 57 Category: Principal judgment Parties: Appellant – 203 Castlereagh St Pty Ltd Respondent – Skybloo Holdings Pty Ltd Representation: Counsel: Appellant – Mr Bailey Respondent – Mr Salama

Solicitors: Respondent – Osborne's Lawyers