Ndaira v Allways Building NSW Pty Ltd [2018] NSWCATAP 279

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ndaira v Allways Building NSW Pty Ltd [2018] NSWCATAP 279 Hearing dates: 6 November 2018 Date of orders: 26 November 2018 Decision date: 26 November 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member K Rosser, Principal Member Decision: 1 Leave to appeal is granted, the appeal is allowed and the order made 2 May 2018 is set aside.

2 The proceedings are remitted for rehearing by a differently constituted Tribunal for the purpose of determining the issues set out in Annexure A to these reasons (Issues).

3 Pursuant to Sch 1, Pt 2, cl 6(3) of the Civil and Administrative Tribunal Regulation 2013 (NSW), the Appeal Panel directs that these proceedings be referred for mediation by the Community Justice Centre in accordance with the Community Justice Centres Act 1983 (NSW).

4 The following directions are made in the remitted proceedings:

a) On or before 14 December 2018, the applicant (Ndaira) is to file and serve any further evidence and submissions in respect of the Issues;

b) On or before 11 January 2019, the respondent (Allways Buildings NSW Pty Ltd) is to file and serve any further evidence and submissions in reply in respect of the Issues;

c) All evidence provided by the parties or their witnesses must be in the form of statutory declarations or expert reports;

d) All witnesses, including those who provide quotations in respect of work to be performed, must be available for cross examination;

e) A party may not rely on any evidence not served in accordance with these directions except with leave of the Tribunal, which leave will only be granted in exceptional circumstances;