Wilson v Chan & Naylor Parramatta Pty Ltd as trustee for Chan & Naylor Parramatta Trust [2016] NSWCATAP 236

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wilson v Chan & Naylor Parramatta Pty Ltd as trustee for Chan & Naylor Parramatta Trust [2016] NSWCATAP 236 Hearing dates: 19 July 2016 Date of orders: 03 November 2016 Decision date: 03 November 2016 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member Dr J Lucy, Senior Member Decision: (1) Appeal allowed. (2) Orders made by the Tribunal of 5 April 2016 be set aside. (3) The proceedings be remitted to the Consumer and Commercial Division for determination according to law. Catchwords: CASE MANAGEMENT – Rejection of material filed the day before a hearing – Inflexibility of approach – Failure to exercise discretion according to law ADJOURNMENT – Applicant had filed material late on which he wished to rely - Applicant sought to join another party – Respondent said it could not adequately respond to late material - Claim was complex - Parties not legally represented – Failure to consider adjournment constituted error of law JOINDER – Whether Tribunal applied correct statutory test for joining a party when determining appellant's joinder application – Tribunal determined not to join a person on case management grounds – Tribunal failed to apply statutory test correctly Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Commissioner of Police New South Wales Police Force v Fine (2014) 87 NSWLR 1; [2014] NSWCA 327 Italiano v Carbone and Ors [2005] NSWCA 177 Re Refugee Review Tribunal; ex parte Aala (2000) 204 CLR 82 Sullivan v Department of Transport (1978) 20 ALR 323 Tiwari v Champion Homes Sales Pty Ltd [2016] NSWCATAP 73 ZCA v NSW Trustee and Guardian [2016] NSWCATAP 192 Category: Principal judgment Parties: Stephen Wilson (Appellant) Chan & Naylor Parramatta Pty Ltd as trustee for Chan & Naylor Parramatta Trust (Respondent) Representation: Counsel: D Elliott (Respondent)