Ferraro v Lambert [2017] NSWCATAP 162

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ferraro v Lambert [2017] NSWCATAP 162 Hearing dates: 14 November 2016 Date of orders: 28 July 2017 Decision date: 28 July 2017 Jurisdiction: Appeal Panel Before: L P Robberds QC, Senior Member T Simon, Senior Member Decision: The appeal is allowed. The case is to be reconsidered by the Tribunal with further evidence. The case is to be listed before the Tribunal for directions as to the hearing of the case including the times for filing further evidence and setting a date for the reconsideration by the Tribunal. Catchwords: Home-building – notice to renew proceedings – appellant inadvertently misled by orders of Tribunal – denial of procedural fairness – question of law – could not be concluded that denial of procedural fairness made no difference to the outcome Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Re Refugee Tribunal; Ex parte Aala (2000) 204 CLR 82; [2000] HCA 57 Stead v State Government Insurance Commission (1986) 161 CLR 141; [1986] HCA 54 Category: Principal judgment Parties: Ruth Ferraro (Appellant) Colin Lambert (Respondent) Representation: Both parties in person. File Number(s): AP 16/36016 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: n/a Date of Decision: 15 July 2016 Before: G Meadows, Senior Member File Number(s): HB16/16161