Li v Ward Building Construction Pty Ltd [2016] NSWCATAP 104

Li v Ward Building Construction Pty Ltd [2016] NSWCATAP 104

The application was dismissed because a reserved decision delivered later with written reasons is not a decision made in the absence of a party for the purposes of clause 9(1)(b), and in any event Mr Li attended the appeal hearing and made submissions so his absence when the Appeal Panel made its decision in private did not result in his case not being adequately put.

Jurisdiction
Australia
Judgment Date
12 May 2016
Procedural Posture
Application to Vary or Set Aside an Appeal Panel Decision / Determined Without a Hearing on the Papers
Outcome
The appellant's application to vary or set aside the Appeal Panel's decision of 9 February 2016 is dismissed.
Legal Topics
['application to Vary or Set Aside a Decision' 'decision Made in the Absence of a Party' 'reserved Decisions' 'internal Appeals']
['administrative Law' 'civil Procedure' 'statutory Interpretation'] ['application to Vary or Set Aside a Decision' 'decision Made in the Absence of a Party' 'reserved Decisions' 'internal Appeals']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application to Vary or Set Aside an Appeal Panel Decision / Determined Without a Hearing on the Papers

Legal Issues

  1. 1 ["Whether the Appeal Panel's reserved decision was a decision made in the absence of a party within clause 9(1)(b) of the Civil and Administrative Tribunal Regulation 2013 (NSW)." "Whether Mr Li's absence when the reserved decision was made resulted in his case not being adequately put to the Tribunal." 'Whether clause 9(5) of the Civil and Administrative Tribunal Regulation 2013 (NSW) prevented the appellant from making the application.']

Ratio Decidendi

The application was dismissed because a reserved decision delivered later with written reasons is not a decision made in the absence of a party for the purposes of clause 9(1)(b), and in any event Mr Li attended the appeal hearing and made submissions so his absence when the Appeal Panel made its decision in private did not result in his case not being adequately put.

Court Disposition

The appellant's application to vary or set aside the Appeal Panel's decision of 9 February 2016 is dismissed.

Orders

  • ['The matter is to be determined without a hearing.' "The appellant's application to vary or set aside the Appeal Panel's decision of 9 February 2016 is dismissed."]