Waters v Chai [2016] NSWCATAP 248

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Waters v Chai [2016] NSWCATAP 248 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 the time for the appellant to file an appeal against the decision of the Tribunal in proceedings GEN 15/66761 dated 11 January 2016 to 24 March 2016. (2) Allow the appeal against the decision of the Tribunal in proceedings GEN 15/66761 dated 11 January 2016. (3) Set aside the orders made in proceedings GEN 15/66761 on 11 January 2016. (4) Remit the proceedings to the Consumer and Commercial Division for hearing. Catchwords: APPEAL – procedural fairness – appellant failed to appear at hearing – appellant had sought adjournment – appellant had been informed Tribunal would "conciliate between the parties and make procedural directions" – unfair in those circumstances for Tribunal to determine proceedings adversely to the appellant in her absence Legislation Cited: Australia Consumer Law Civil and Administrative Tribunal Act 2015 (NSW) Civil and Administrative Tribunal Regulations 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Fair Trading Act 1987 (NSW) Sale of Goods Act 1923 (NSW) Cases Cited: Applicant NAFF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 221 CLR 1 Clements v Independent Indigenous Advisory Committee (2003) 131 FCR 28 Collins v Urban [2014] NSWCATAP 17 Italiano v Carbone [2005] NSWCA 177 Jackson v Land and Housing Corporation [2014] NSWCATAP 22 Minister for Immigration and Border Protection v WZARH (2015) 256 CLR 326 Prendergast v Western Murray Irrigation [2014] NSWCATAP 69 Re Minister for Immigration and Multicultural and Indigenous Affairs: ex parte Lam (2003) 214 CLR 1 Texts Cited: Aronson and Groves, Judicial Review of Administrative Action (5th edition 2013) Category: Principal judgment Parties: Fay Waters (Appellant) Jinfen Ruth Chai (Respondent) Representation: Solicitors: Kells Lawyers (Appellant) Jinfen Ruth Chai (Respondent in person) File Number(s): AP 16/14764 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Before: D Barnetson, General Member, on 11 January 2016 and D Harvey, General Member, on 23 February 2016 File Number(s): GEN 15/66761, GEN 16/03778