Chowdhury v Hossain [2017] NSWCATAP 109

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chowdhury v Hossain [2017] NSWCATAP 109 Hearing dates: 02 May 2017 Date of orders: 17 May 2017 Decision date: 17 May 2017 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member J Lucy, Senior Member Decision: 1. The appeal is allowed.

2. The order made by the Tribunal on 8 February 2017 is set aside.

3. The matter is remitted to the Tribunal for rehearing. Catchwords: Appeal – Whether appellant notified of the hearing – whether a denial of procedural fairness – whether rehearing should be ordered Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Cases Cited: Collins v Urban [2014] NSWCATAP 17 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Italiano v Carbone [2005] NSWCA 177 Stead v State Government Insurance Commission (1986) 161 CLR141 Category: Principal judgment Parties: Mohd Ertaz Ul Haque Chowdhury (Appellant) Mohammad Aktar Hossain & Nahida Akter (Respondents) Representation: Counsel: In Person (Appellant) In Person (Respondents) File Number(s): AP 17/07651 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 08 February 2017 Before: P Smith, General Member File Number(s): HB 17/0172