Lee v Imad [2017] NSWCATAP 128

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lee v Imad [2017] NSWCATAP 128 Hearing dates: 28 April 2017 Date of orders: 09 June 2017 Decision date: 09 June 2017 Jurisdiction: Appeal Panel Before: A P Coleman SC – Senior Member D Goldstein – Senior Member Decision: 1. Appeal allowed.

2. Set aside the orders made by the Tribunal on 6 February 2017

3. The sum of $5,320 held by the Tribunal pursuant to the Stay Orders of the Appeal Panel made on 2 March 2017 be returned to the appellant or at his direction.

4. Remit the matter to the Tribunal, differently constituted, to be determined according to law. Catchwords: PROCEDURAL DIRECTIONS: Tribunal failed to follow Procedural Direction with respect to acting as both decision maker and conciliator; irregularity leading to orders being set aside; CONCILIATION: process ought to take place before hearing of matter, particularly if member also acting conciliator; CONSENT ORDERS: Tribunal member acting as conciliator and hearing matter; effect on consent orders; where member expressed views on prospects of success during conciliation. Consent orders set aside. Legislation Cited: Civil and Administrative Tribunal Act (NSW) 2013 Cases Cited: John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 McDonald v McDonald [2016] NSWCATAP 252. Yuen v Thom [2016] NSWCATAP 243 Category: Principal judgment Parties: David Lee – Appellant Sarah Imad - Respondent Representation: Counsel: Mr D Maloney – Tenants' Advocate (with leave) – Appellant Ms A Dragic – Agent (with leave) - Respondent File Number(s): AP 17/08239 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer & Commercial Division Citation: N/A Date of Decision: 06 February 2017 Before: N Vrabac - Member File Number(s): RT 16/48585 and RT 16/55219