de Tarle v Newland [2022] NSWCATAP 148

de Tarle v Newland [2022] NSWCATAP 148

The Tribunal denied procedural fairness to the appellant by varying the timetable without notice and providing approximately one day to file submissions in reply, compounded by the appellant's lack of access to respondent submissions. This constituted an error of law, warranting the appeal being allowed and setting aside the costs decision.

Jurisdiction
Australia
Judgment Date
09 May 2022
Procedural Posture
Internal Appeal (ncat) / Appeal Panel Decision
Outcome
Appeal allowed; costs orders set aside; time extended for appeal.
Legal Topics
['procedural Fairness' 'appeal Process' 'costs in Tribunal Proceedings']
['administrative Law' 'strata/property Law'] ['procedural Fairness' 'appeal Process' 'costs in Tribunal Proceedings']

Case Brief

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Procedural Posture

Internal Appeal (ncat) / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether the Tribunal denied procedural fairness in the determination of costs' 'Whether insufficient time was provided for the appellant to file submissions in reply' 'Whether appellant received relevant submissions to which he could reply']

Ratio Decidendi

The Tribunal denied procedural fairness to the appellant by varying the timetable without notice and providing approximately one day to file submissions in reply, compounded by the appellant's lack of access to respondent submissions. This constituted an error of law, warranting the appeal being allowed and setting aside the costs decision.

Court Disposition

Appeal allowed; costs orders set aside; time extended for appeal.

Orders

  • ['Time is extended pursuant to s 41 of the Civil and Administrative Tribunal Act 2014 to allow the appellant to lodge this appeal on 10 December 2021.' 'Appeal allowed.' 'Orders 2 and 3 made on 11 November 2021 in SC 21/27790 are set aside.' 'The appellant shall file and serve by no later than 31 May 2022 his...