Mason v Hyland [2018] NSWCATAP 203

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mason v Hyland [2018] NSWCATAP 203 Hearing dates: 9 July 2018 Date of orders: 31 August 2018 Decision date: 31 August 2018 Jurisdiction: Appeal Panel Before: R Titterton, Principal Member R Perrignon, Senior Member Decision: 1. The appeal is dismissed.

2. The order made on 4 June 2018 staying the operation of the order made on 16 May 2018 is lifted. Catchwords: APPEALS – where Tribunal decision made in absence of party – where party does not pursue application to set aside the decision – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Alliance Motor Auctions Pty Ltd v Saman [2018] NSWCATAP 137 Andy and Patrick Floor Covering Pty Ltd t/as Silver Trading Timber Floor v Li [2018] NSWCATAP172 R v The War Pensions Entitlement Appeals Tribunal; Ex parte Bott (1933) 50 CL5 228Wholesale Auto City Pty Ltd v Jobson [2018] NSWCATAP 25 Texts Cited: Aronson and Groves in Judicial Review of Administrative Action (5th Ed) Category: Principal judgment Parties: Mathew Mason t/as Neverfail Pest & Termite Solutions (Appellant) Margaret Hyland (Respondent) Representation: Appellant: M Whittaker, Manager Respondent: self-represented File Number(s): AP 18/23657 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: n/a Date of Decision: 16 May 2018 Before: P Smith, General Member File Number(s): GEN 18/16351