Stevanovski v CLK Plumbing Pty Ltd [2017] NSWCATAP 180

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stevanovski v CLK Plumbing Pty Ltd [2017] NSWCATAP 180 Hearing dates: 9 September 2016; 18 April 2017 Date of orders: 28 August 2017 Decision date: 28 August 2017 Jurisdiction: Appeal Panel Before: L P Robberds QC, Senior Member D A C Robertson, Senior Member Decision: 1. The appeal is allowed. 2. The decision of the Tribunal made on 27 April 2016 is set aside. 3. The application is remitted to the Consumer and Commercial Division of the Tribunal for determination. 4. The application is to be listed before the Tribunal for directions including setting a timetable for the filing of further evidence. Catchwords: APPEAL – Procedural fairness – case determined on an issue not addressed at the hearing or raised with the parties Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Cominos v Di Rico [2016] NSWCATAP 5 Kahn v Kang [2014] NSWCATAP 48 Kioa v West (1985) 159 CLR 550; [1985] HCA 81 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: Mario Stevanovski (Appellant) CLK Plumbing Pty Ltd (Respondent) Representation: Appellant in person Charlie Kairouz, director (Respondent) File Number(s): AP 16/26960 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 27 April 2016 Before: G A Kinsey, General Member File Number(s): HB 15/61376