1950 Investments Pty Ltd t/as Hogan Prestige Garage v Wabbits Pty Ltd [2020] NSWCATAP 67

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: 1950 Investments Pty Ltd t/as Hogan Prestige Garage v Wabbits Pty Ltd [2020] NSWCATAP 67 Hearing dates: 2 April 2020 Date of orders: 22 April 2020 Decision date: 22 April 2020 Jurisdiction: Appeal Panel Before: S Higgins, Senior Member Dr J Lucy, Senior Member Decision: The appeal and application for leave to appeal is dismissed for failure to appear pursuant to s 55(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: PRACTICE and PROCEDURE – appellant failed to appear at hearing of appeal – whether appeal to be heard and determined on an ex parte basis, or dismissed for failure to appear Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Motor Dealers and Repairers Act 2013 (NSW) Cases Cited: Armour v Bate [1891] 2 QB 223 Collins v Urban [2014] NSWCATAP 17 Harding v Vice Chancellor, University of New South Wales [2003] NSWADT 75 Stead v State Government Insurance Commission of Australia [1986] HCA 54; (1986) 161 CLR 141 Texts Cited: None cited Category: Principal judgment Parties: 1950 Investments Pty Ltd t/as Hogan Prestige Garage (Appellant) Wabbits Pty Ltd (Respondent) Representation: Solicitors: A Hogan (Agent) (Appellant) F Kalyk (Agent) (Respondent) File Number(s): AP 20/04726 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 December 2019 Before: N Vrabac, Tribunal Member File Number(s): MV 19/42932