McMillan v Cone [2019] NSWCATAP 46

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McMillan v Cone [2019] NSWCATAP 46 Hearing dates: 31 January 2019 Date of orders: 31 January 2019 Decision date: 25 February 2019 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member K Ransome, Senior Member Decision: (1) Appeal allowed. (2) The orders made in matter MV 18/32095 on 6 September 2018 are set aside. (3) The matter is remitted to the Tribunal for rehearing in Tamworth. (4) The respondent (GK Cone) is to provide to the Tribunal and the appellant (T McMillan) by 7 February 2019 a copy of all documents upon which the respondent intends to rely at the rehearing. (5) The appellant is to provide to the Tribunal and the respondent by 21 February 2019 a copy of all documents upon which the appellant intends to rely at the rehearing. Catchwords: APPEAL - failure to afford procedural fairness – appellant not provided with notification of the new date of the hearing. Legislation Cited: Nil Cases Cited: John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: Nil Category: Principal judgment Parties: Todd McMillan (Appellant) Geoffrey Cone (Respondent) Representation: T McMillan (Self Represented)(Appellant) G Cone (Self Represented)(Respondent) File Number(s): AP18/47913 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 06 September 2018 Before: D Moss, General Member File Number(s): MV 18/20951