Xpert Joinery Pty Ltd v Jeong [2018] NSWCATAP 96

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Xpert Joinery Pty Ltd v Jeong [2018] NSWCATAP 96 Hearing dates: 13 February, 16 April 2018 Date of orders: 23 April 2018 Decision date: 23 April 2018 Jurisdiction: Appeal Panel Before: R Titterton, Principal Member J Currie, Senior Member Decision: 1. Extend the time for the filing of the Notice of Appeal to 30 November 2017. 2. Pursuant to s 80(3) of the Civil and Administrative Tribunal Act, the Tribunal decides to deal with the internal appeal by way of a new hearing. 3. Set aside the orders of the Consumer and Commercial Division of the Tribunal of 17 October 2017 in application GEN 17/41646 and in lieu thereof order that the application be dismissed. Catchwords: PRACTICE AND PROCEDURE – Leave to appeal – where hearing determined in absence of appellant but evidence filed Legislation Cited: Civil and Administrative Tribunal Regulation 2013 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy Car Sales [2015] NSWCATAP 65 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69. Category: Principal judgment Parties: Xpert Joinery Pty Ltd (Appellant) Ms H Jeong (Respondent) Representation: Mr Mesto, director (Appellant) Ms H Jeong (self-represented) File Number(s): AP 17/51112 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 17 October 2017 Before: C Marzilli, General Member File Number(s): GEN 17/41646