Bartel v Ryan [2018] NSWCATAP 231

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bartel v Ryan [2018] NSWCATAP 231 Hearing dates: 10 September 2018 Date of orders: 04 October 2018 Decision date: 04 October 2018 Jurisdiction: Appeal Panel Before: R Titterton, Principal Member D Fairlie, Senior Member Decision: (1) Extend the time in which to file the Notice of Appeal to 15 June 2018. (2) Appeal dismissed. (3) Leave to appeal refused. (4) The Respondent is to file and serve any submissions on costs by 18 October 2018 (5) The Appellant is to file and serve any submissions on costs in reply by 1 November 2018. Catchwords: BUILDING AND CONSTRUCTION – whether Tribunal erred in denying procedural fairness to a party who was legally represented at the hearing Legislation Cited: Civil and Administrative Rules 2014 Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 17 C v W [2015] NSWSC 1774 Collins v Urban [2014] NSWCATAP 17 Coulton v Holcombe [1986] HCA 33 Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy Car Sales [2015] NSWCATAP 65 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Palm Homes Pty Ltd v Kav's Constructions Pty Ltd [2015] NSWCATAP 113 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Re R [2000] NSWSC 886 Syed Ahmad Shoaib Ali Pty Ltd v Jandson Pty Ltd; Jandson Pty Ltd v Syed Ahmad Shoaib Ali Pty Ltd [2018] NSWCATAP 228 Texts Cited: Nil Category: Principal judgment Parties: Appellant: Peter Bartel Respondent: Catherine Ryan Representation: Counsel: Mr C Simpson, (Respondent)