Simcoe v Bate [2019] NSWCATAP 216

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Simcoe v Bate [2019] NSWCATAP 216 Hearing dates: 5 April, 16 May 2019 Date of orders: 27 August 2019 Decision date: 27 August 2019 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member J McAteer, Senior Member Decision: (1) Leave to appeal on grounds other than a question of law is refused. (2) The appeal is dismissed. Catchwords: APPEAL – failure to appear - whether reasonable opportunity to be heard – whether denial of procedural fairness - whether rehearing should be ordered Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Regulation 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Chowdhury v Hossain [2017] NSWCATAP 109 Collins v Urban [2014] NSWCATAP 17 Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy Car Sales [2015] NSWCATAP 65 Troy Hood t/as UR Place Landscape v Rutten [2016] NSWCATAP 250 Kalice v Borck [2017] NSWCATAP 46 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Tachnat Pty Ltd v Farag [2018] NSWCATAP 67 Trenholme t/as Trenholme Constructions v Paltram [2015] NSWCATAP 36 Waters v Waghorn [2016] NSWCATAP 247 Texts Cited: None cited Category: Principal judgment Parties: Peter Simcoe (Appellant) Justin Bate (Respondent) Representation: Solicitors: Appellant (Self Represented) Respondent (Self Represented) File Number(s): AP 19/06518 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 26 November 2018 Before: D Moss, General Member File Number(s): HB 18/43363