Choi v University of Technology Sydney [2019] NSWCATAD 212

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Choi v University of Technology Sydney [2019] NSWCATAD 212 Hearing dates: On the papers Date of orders: 15 October 2019 Decision date: 15 October 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: A Britton, Principal Member Decision: The application made by Ms Choi to NCAT seeking that the decision made by the Tribunal on 27 August 2019 be set aside under reg 9 of the Civil and Administrative Tribunal Regulation 2013 is refused. Catchwords: PRACTICE AND PROCEDURE – power to set aside decision – whether party's absence resulted in the party's case not being adequately put to the Tribunal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NCAT Act) Civil and Administrative Tribunal Regulation 2013 (NSW) Government Information (Public Access) Act 2009 Cases Cited: Choi v University of Technology Sydney [2019] NSWCATAD 176 Category: Procedural and other rulings Parties: Applicant: Jae Hee Choi Respondent: University of Technology Sydney Representation: In person (Applicant) A Fleknoe-Brown, Counsel (Respondent) File Number(s): 2019/00078842 Publication restriction: Nil

REASONS FOR DECISION 1. Ms Jae Hee Choi applies to NCAT seeking that the decision made by the Tribunal (SM Molony) on 27 August 2019 (Choi v University of Technology Sydney [2019] NSWCATAD 176) be set aside under reg 9 of the Civil and Administrative Tribunal Regulation 2013 (NSW) (the subject decision). 2. Reg 9 gives the Tribunal power to set aside or vary a decision determining proceedings with the consent of all parties (reg 9(1)(a)) or where the decision was made in the absence of a party and the Tribunal is satisfied that the party's absence has resulted in their case not being adequately put to the Tribunal (reg 9(1)(b)). 3. For the reasons that follow, I have decided that the power to set aside the subject decision cannot be exercised.