Digby v Challis Private Hotel Pty Ltd t/as Challis Lodge [2020] NSWCATAP 94

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Digby v Challis Private Hotel Pty Ltd t/as Challis Lodge [2020] NSWCATAP 94 Hearing dates: 2 April 2020 Date of orders: 25 May 2020 Decision date: 25 May 2020 Jurisdiction: Appeal Panel Before: S Higgins, Senior Member Dr J Lucy, Senior Member Decision: (1) Application for an extension of time to lodge the appeal granted. Time for lodgment of the Notice of Appeal extended to 4 March 2020. (2) Leave granted to the appellant to appeal from an interlocutory decision, being the decision to refuse an extension of time to make the reinstatement application. (3) Appeal allowed. (4) The proceedings are remitted to a differently-constituted Tribunal to redetermine the appellant's application for an extension of time in respect of her reinstatement application, according to law. Catchwords: APPEAL – Application dismissed for failure to appear – Where reinstatement application lodged six days late –Whether Appeal Panel should extend time for lodging the appeal – Whether Tribunal denied the appellant procedural fairness by failing to consider appellant's submissions - Whether leave should be granted to appeal from an interlocutory decision Legislation Cited: Boarding Houses Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Bartush v Ale [2017] NSWCATAP 161 Bratby v Blain [2014] NSWCATAP 28 Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 CLD v Children's Guardian [2017] NSWSC 936 Conway v Brady [2018] NSWCATAP 51 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088 Gallo v Dawson [1990] HCA 30, (1990) 64 ALJR 458 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Minister for Immigration and Citizenship v Li (2013) 87 ALJR 618 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 Category: Principal judgment Parties: Petah Digby (Appellant) Challis Private Hotel Pty Ltd t/as Challis Lodge (Respondent) Representation: Solicitors: Appellant (Self Represented) C Coudounaris (Agent) (Respondent) File Number(s): AP20/10922 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 30 January 2020 Before: C Campbell, General Member File Number(s): GEN 20/04278