Horvath v Heath [2018] NSWCATAP 141

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Horvath v Heath [2018] NSWCATAP 141 Hearing dates: 23 April 2018 Date of orders: 23 April 2018 Decision date: 23 April 2018 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member D Fairlie, Senior Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. Catchwords: APPEAL – failure to appear at Tribunal hearing – whether denial of procedural fairness – whether leave ground established – whether leave to appeal should be granted Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Les Horvath (Appellant) Marie Heath (Respondent) Representation: Self-represented parties File Number(s): AP 18/02038 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 15 December 2017 Before: S Hennings, General Member File Number(s): HB 17/11092

reasons for decision

Introduction 1. These reasons for decision concern an internal appeal under s 80(2) of the Civil and Administrative Tribunal Act 2013 (NCAT Act) against a decision made in the Consumer and Commercial Division of the Tribunal on 15 December 2017. The original application to the Tribunal was brought by the respondent to the appeal, Mrs Heath, against the appellant, Mr Horvath. Reasons for decision were given orally at the end of the hearing of the appeal. A written statement of reasons was requested after the hearing. These reasons for decision have been prepared from the transcript. Amendments have been made for clarity and ease of reading.