Murabito v Commissioner for Fair Trading [2020] NSWCATAP 63

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Murabito v Commissioner for Fair Trading [2020] NSWCATAP 63 Hearing dates: 27 March 2020 Date of orders: 20 April 2020 Decision date: 20 April 2020 Jurisdiction: Appeal Panel Before: Armstrong J, President L Pearson, Principal Member Decision: (1) The application by the respondent for an order under s 55(1)d) of the Civil and Administrative Tribunal Act 2013 that the proceedings be dismissed for want of prosecution is refused. (2) The parties are to advise the Tribunal no later than 22 April 2020 available dates for a half day hearing in the weeks commencing 25 May 2020 and 1 June 2020. (3) The respondent is to provide to the Tribunal and to the appellant written submissions in opposition to the appeal, and any relevant evidence provided to the Tribunal below on which it is intended to rely, by 8 May 2020. (4) The appellant is to provide to the Tribunal and to the respondent any written submissions in reply, by 22 May 2020. (5) The appeal is listed for hearing by telephone on a date and at a time to be advised by the Registrar for half day. (6) The issue of whether the Appeal Panel should: (a) give leave to amend the grounds of appeal, or (b) give leave to rely on fresh evidence is to be determined at the hearing of the appeal. Catchwords: SUMMARY DISMISSAL – failure to comply with directions – application to dismiss appeal proceedings for want of prosecution Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil Procedure Act 2005 Property Stock and Business Agents Act 2002 Road Transport Act 2013 Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27 Birkett v James [1978] AC 297 Bousgas v HD Constructions (Aust) Pty Ltd [2017] NSWCATAP 122 Hoser v Hartcher [1999] NSWSC 527 K & J Vision Pty Ltd v Jows Construction Pty Ltd [2019] NSWCATAP 139 Murabito v Department of Fair Trading [2019] NSWCATOD 136 New South Wales v Plaintiff A [2012] NSWCA 248 Stollznow v Calvert (1980) 2 NSWLR 749 Texts Cited: None cited Category: Procedural and other rulings Parties: Steven Murabito (Appellant) Commissioner for Fair Trading (Respondent) Representation: Counsel: C Lambert (Respondent)