An v Hwang [2019] NSWCATAP 94

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: An v Hwang [2019] NSWCATAP 94 Hearing dates: 15 March 2019; submissions closed 25 March 2019 Date of orders: 17 April 2019 Decision date: 17 April 2019 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member S Frost, Senior Member Decision: (1) Appeal upheld and the decision made on 30 August 2018 in GEN 18/22183 is set aside. (2) The matter is remitted to the Consumer and Commercial Division to be dealt with in accordance with Part 3A of the Civil and Administrative Tribunal Act 2013. Catchwords: APPEAL – Jurisdiction of Tribunal – Matter between residents of different States – Tribunal not a 'court of a State' – Tribunal lacked jurisdiction to hear and determine the matter at first instance Legislation Cited: Civil and Administrative Tribunal Act 2013 The Constitution (Cth) – ss 75(iv), 77(iii) Judiciary Act 1903 (Cth) – s 39(2) Cases Cited: Attorney General for New South Wales v Gatsby [2018] NSWCA 254 Johnson v Dibbin; Gatsby v Gatsby [2018] NSWCATAP 45 Category: Principal judgment Parties: Do Kyeong An t/as Paraview Consultancy (Appellant) Jae Suk Hwang (Respondent) Representation: Appellant in person Respondent in person File Number(s): AP 19/00922 Publication restriction: No restriction Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 30 August 2018 Before: G Meadows, Senior Member File Number(s): GEN 18/22183