Hutchings v Hope [2019] NSWCATAP 59

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hutchings v Hope [2019] NSWCATAP 59 Hearing dates: 05 March 2019 Date of orders: 20 March 2019 Decision date: 20 March 2019 Jurisdiction: Appeal Panel Before: Armstrong J, President M Harrowell, Principal Member Decision: (1) The orders made in applications HB 17/46747 and HB 17/38121 on 31 October 2018 are set aside and the proceedings are remitted for rehearing by a differently constituted Tribunal.

(2) Subject to any order of the Tribunal on remittal, the remitted proceedings are to be determined on the written and oral evidence provided by the parties at the original hearing on 6 and 7 June 2018 and without a further hearing.

(3) In respect of the remitted proceedings, the Appeal Panel makes the following directions:

(a) On or before 29 March 2019 parties are to file an agreed bundle to contain:

(i) all written evidence from the proceedings at first instance;

(ii) a transcript of the proceedings at first instance;

(iii) the written submissions provided by the parties in the proceedings at first instance; and

(iv) short written submissions, not more than 3 pages, as to whether any order should be made by the Tribunal on remittal to permit further evidence and/or to permit further written or oral submissions.

(b) The proceedings are to be fixed for directions on a date after 29 March 2019 for the purpose of considering any submissions provided pursuant to order (a)(iv) and/or to fix a hearing date.