C G Constructions Pty Limited v Hanson Constructions Materials Pty Limited [2017] NSWCATAP 130

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: C G Constructions Pty Limited v Hanson Constructions Materials Pty Limited [2017] NSWCATAP 130 Hearing dates: 16 December 2016 Date of orders: 15 June 2017 Decision date: 15 June 2017 Jurisdiction: Appeal Panel Before: M Craig QC, Principal Member D Goldstein, Senior Member Decision: (1) Appeal upheld (2) Set aside the decision of the Tribunal given on 5 September 2016 (3) Remit the proceedings to the Consumer and Commercial Division of the Tribunal for determination according to law Catchwords: ADMINISTRATIVE LAW – Civil and Administrative Tribunal – internal appeal – question of law – failure to address case advanced at first instance – error of law – constructive failure to exercise jurisdiction – no finding on material question of fact – remittal of proceedings Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Craig v South Australia (1995) 184 CLR 163 at 179; [1995] HCA 58 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 77 ALJR 1088 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30 MZAES v Minister for Immigration and Boarder Protection [2015] FCA 113 Prendergast v Western Murray Irrigation Limited [2014] NSWCATAP 69 Re Minister for Immigration and Multicultural Affairs; Ex Parte Miah (2001) 206 CLR 57; [2001] HCA 22 Category: Principal judgment Parties: C G Constructions Pty Limited (Appellant) Hanson Constructions Materials Pty Limited (Respondent) Representation: C Gear (Director) (Appellant) J Walsh (Employee) (Respondent) File Number(s): AP 16/43964 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: n/a Date of Decision: 05 September 2016 Before: S Daly, General Member File Number(s): GEN16/29631