Pope v Telstra Corporation Limited [2019] NSWCATAP 178

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pope v Telstra Corporation Limited [2019] NSWCATAP 178 Hearing dates: 11 June 2019 Date of orders: 16 July 2019 Decision date: 16 July 2019 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member K Ransome, Senior Member Decision: 1. Appeal upheld. 2. The decision below is set aside. 3. The proceedings are to be returned to the Tribunal (differently constituted) for hearing according to law limited to (subject to any further leave being sought from and granted by the Tribunal) the appellant's claims for: (a) $48.50 per day for the period 14 August 2017 to 17 December 2018; and (b) $9,000 for legal costs the appellant says were incurred by her in certain proceedings in the Queensland Magistrate's Court. Catchwords: CIVIL PROCEDURE – hearings – procedural fairness – notice of hearing Legislation Cited: Civil and Administrative Tribunal Act No.2 2013 (NSW), s 80(2)(b), clause 12(1)(a) of Schedule 4 Cases Cited: Collins v Urban [2014] NSWCATAP 17 JE v Secretary, Department of Family and Community Services [2019] NSWCA 162 Moloney v Taylor [2016] NSWCA 199 Stead v State Government Insurance Commission [1986] HCA 54; (1986) 161 CLR 141 Texts Cited: Nil Category: Principal judgment Parties: Kathy Pope (appellant) Telstra Corporation Limited (respondent) Representation: K Pope (Appellant in person) S Kanapathy, authorised Telstra representative (Respondent) File Number(s): AP 19/13243 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 20 February 2019 Before: P Harris, Member File Number(s): GEN 18/43527 and GEN 18/54152