Jackson v N K Tiling Pty Ltd [2017] NSWCATAP 106

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jackson v N K Tiling Pty Ltd [2017] NSWCATAP 106 Hearing dates: 5 April 2017 Date of orders: 16 May 2017 Decision date: 16 May 2017 Jurisdiction: Appeal Panel Before: A P Coleman SC, Senior Member J T Kearney, Senior Member Decision: (1) Appeal allowed.

(2) Set aside the orders made by the Tribunal on 6 December 2016.

(3) Remit the matter to the Tribunal to be determined according to law. Catchwords: PROCEDURAL FAIRNESS: rejection of documents not served in accordance with directions and for which no extension of time sought; where party did not understand requirement to seek extension; whether adjournment should have been offered by Tribunal. Legislation Cited: Civil and Administrative Tribunal Act (NSW) 2013 Cases Cited: Allesch v Maunz (2000) 203 CLR 172 Clements v Independent Indigenous Advisory Committee (2003) FCAFC 143; 131 FCR 28 Courtatos t/as Surf City Motors v Willis [2016] NSWCATAP 249 Hood t/as UR Place Landscape v Rutten [2016] NSWCATAP 250 Italiano v Carbone [2005] NSWCA 177 Johnson v Lukeman [2016] NSWCATAP 272 Mesiha v Murrell [2017] NSWCATAP 1 Prendergast v Western Murray Irrigation [2014] NSWCATAP 69 Russo v Brack and Ors [2016] NSWCATAP 261 Wilson v Chan & Naylor Parramatta Pty Ltd as trustee for Chan & Naylor Parramatta Trust [2016] NSWCATAP 236 ZCA v NSW Trustee & Guardian [2016] NSWCATAP 192 Category: Principal judgment Parties: Sophie & Ken Jackson – Appellants N K Tiling Pty Ltd - Respondent Representation: Counsel: In Person (Appellant) Mr Jahshan, Director (Respondent) File Number(s): AP 16/55111 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer & Commercial Division Date of Decision: 06 December 2016 Before: C Marzilli, General Member File Number(s): GEN 16/37558