Troy Hood trading as UR Place Landscape v Rutten [2016] NSWCATAP 250

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Troy Hood trading as UR Place Landscape v Rutten [2016] NSWCATAP 250 Hearing dates: 13 September 2016 Date of orders: 18 November 2016 Decision date: 18 November 2016 Jurisdiction: Appeal Panel Before: R Seiden SC, Principal Member A Boxall, Senior Member Decision: (1) Appeal allowed. (2) The matter is remitted to the Tribunal to reconsider on such evidence as the Tribunal so allows. Catchwords: APPEAL – Civil and Administrative Tribunal NSW – procedural fairness – appeal on a question of law – reasonable opportunity to be heard – adducing medical evidence to support ground of appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulations 2013 (NSW) Cases Cited: Clements v Independent Indigenous Advisory Committee (2003) FCAFC 143; 131 FCR 28 Italiano v Carbone [2005] NSWCA 177 Waters v Waghorn [2016] NSWCATAP 247 Category: Principal judgment Parties: Troy Hood (Appellant in person) Paul Rutten (Respondent in person) Representation: Troy Hood (Appellant in person) Paul Rutten (Respondent in person) File Number(s): AP 16/33033 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 12 July 2016 Before: N Vrabac File Number(s): HB 16/08402