Tachnat Pty Ltd v Farag [2018] NSWCATAP 67

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tachnat Pty Ltd v Farag [2018] NSWCATAP 67 Hearing dates: 06 March 2018 Date of orders: 06 March 2018 Decision date: 06 March 2018 Jurisdiction: Appeal Panel Before: Kay Ransome, Senior Member Gregory Burton SC, FCIArb, Senior Member Decision: (1) Appeal allowed.

(2) The matter is remitted to the Tribunal for re-hearing.

(3) The stay order made by the Appeal Panel on 3 January 2018 remains in force until further order of the Tribunal. Catchwords: APPEAL - Consumer claim – no appearance of respondent at hearing – procedural fairness Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Tachnat Pty Ltd & Request International Migrant Services (Appellants) Roshdy Roshdy Mohamad Farag (Respondents) Representation: H Gash (Appellants) In person (Respondent) File Number(s): AP17/53071 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Commercial and Consumer Division Date of Decision: 27 November 2017 Before: C Campbell, General Member File Number(s): GEN 17/35656

reasons for decision 1. This is an appeal against a decision of the Tribunal in the Consumer and Commercial Division which was made on 27 November 2017. The appeal is made by the respondents in the Tribunal proceedings. The issue in the appeal concerns the non-appearance of the respondents at the Tribunal hearing which led to orders being made in their absence.