Moloney v Taylor [2016] NSWCA 199

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Moloney v Taylor [2016] NSWCA 199 Hearing dates: 2 August 2016 Date of orders: 02 August 2016 Decision date: 10 August 2016 Before: McColl JA; Simpson JA; Ball J Decision: 1. Grant leave to appeal. 2. Direct the appellant to file a Notice of Appeal in the form of the Amended Notice of Appeal in the White Book subject to what is directed in relation to Order 3 within 7 days. 3. Vary Order 3 made by the Appeal Panel of the Tribunal by substituting the following order: the proceedings, including the question whether the claim for compensation should be ordered under s 33, are remitted to a Member for determination. 4. Order the respondent to pay the costs of the application for leave to appeal and of the appeal. 5. Respondent to have a certificate under the Suitors' Fund Act 1951 (NSW) if qualified. Catchwords: ADMINISTRATIVE LAW – statutory appeals from administrative bodies – Civil and Administrative Appeal Panel – approach to be followed by Appeal Panel in determining an internal appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Holiday Parks (Long-term Casual Occupation) Act 2000 (NSW) Suitors' Fund Act 1951 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Italiano v Carbone [2005] NSWCA 177 Kisimul Holdings Pty Ltd v Clear Position Pty Ltd (No 2) [2014] NSWCA 317; (2014) 86 NSWLR 645 Qantas Airways Ltd v Gubbins (1992) 28 NSWLR 26 Taylor v Moloney [2016] NSWCATAP 89 Zhang v Zemin [2010] NSWCA 255; (2010) 79 NSWLR 513 Category: Principal judgment Parties: Charles James Moloney (Applicant) Deborah Anne Taylor (Respondent) Representation: Counsel: V Kerr (Applicant) Submitting Appearance (Respondent)