Merrick v Zhu & Ye [2020] NSWCATAP 35

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Merrick v Zhu & Ye [2020] NSWCATAP 35 Hearing dates: 5 February 2020 Date of orders: 05 March 2020 Decision date: 05 March 2020 Jurisdiction: Appeal Panel Before: P. Durack SC, Senior Member D Goldstein, Senior Member Decision: (1) Grant an extension of time until 4 October 2019 for the filing of the Notice of Appeal. (2) Allow the appeal. (3) Set aside the orders made by the Tribunal on 13 August 2019 in renewal proceedings number HB 19/33594. (4) Remit the renewal proceedings number HB 19/33594 for redetermination by a differently constituted Tribunal at first instance. (5) As to Order 4, the Tribunal at first instance is to make directions for the provision by the parties of such evidence and submissions as they now wish to rely upon. Catchwords: APPEALS---notice of hearing – procedural fairness Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: None cited Texts Cited: None cited Category: Principal judgment Parties: Michael Merrick (Applicant) Yun Zhu (Respondent) Dayong Ye (Respondent) Representation: Applicant (Self Represented) Respondents (Self Represented) File Number(s): AP 19/44930 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 13 August 2019 Before: D Harvey, General Member File Number(s): HB 19/20087