Waters v Waghorn [2016] NSWCATAP 247

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Waters v Waghorn [2016] NSWCATAP 247 Hearing dates: 14 September 2016 Date of orders: 17 November 2016 Decision date: 17 November 2016 Jurisdiction: Appeal Panel Before: R Seiden SC, Principal Member DAC Robertson, Senior Member Decision: (1) Extend time for the appellant to file the appeal against the decision of the Tribunal in GEN 15/63753 dated 12 January 2016 until 24 March 2016. (2) Allow the appeal against the decision of the Tribunal in proceedings GEN 15/63753 dated 12 January 2016. (3) Set aside orders (1), (2) and (4) made in proceedings GEN 15/63753. (4) Remit the proceedings to the Consumer and Commercial Division for hearing on such evidence as the Tribunal sees fit. Catchwords: APPEAL - Civil and Administrative Tribunal NSW – procedural fairness – appeal on a question of law – evidence not before the original decision maker – sufficiency of medical evidence

PRACTICE AND PROCEDURE – extension of time to appeal – delay of proceedings on medical grounds Legislation Cited: Administrative Appeals Tribunal Act 1975 (Cth) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulations 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Judiciary Act 1903 (Cth) Queensland Civil and Administrative Tribunal Act 2009 (Qld) Cases Cited: Clements v Independent Indigenous Advisory Committee [2003] FCAFC 143; (2003) 131 FCR 28 Collins v Urban [2014] NSWCATAP 17 Ferella v Chief Commissioner of State Revenue (NSW) [2014] NSWCA 378 House v The King [1936] HCA 40; (1936) 55 CLR 499 Re Anasis; Ex parte Total Australia Ltd [1985] FCA 615; (1985) 11 FCR 127 Italiano v Carbone [2005] NSWCA 177 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Magjarraj v Asteron Life Pty Ltd [2009] NSWSC 1433 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11; (2002) 209 CLR 597 Pachkovski v Australian Executor Trustees Ltd [2011] NSWCA 94 Prendergast v Western Irrigation [2014] NSWCATA 69 Stead v State Government Insurance Commission [1986] HCA 54; (1986) 161 CLR 141 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; (2006) 228 CLR 152 Trust Company Ltd (t/as Stockland Property Management) v Skiwing Pty Ltd (t/as Café Tiffany's) [2006] NSWCA 185; (2006) 66 NSWLR 77 Yuen v Thom [2016] NSWCATAP 243 Category: Principal judgment Parties: Fay Waters (Appellant) Michele Waghorn (Respondent) Representation: Solicitors: Kells Lawyers (Appellant) Michele Waghorn (Respondent in person) File Number(s): AP 16/14857 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 12 January 2016 Before: D Harvey and D Barnetson File Number(s): GEN 15/63753 GEN16/03804