Waters v Waghorn [2016] NSWCATAP 247

Waters v Waghorn [2016] NSWCATAP 247

For reasons outside the appellant's control, she was unable to prepare or present her case, and in hearing the case in her absence, the Tribunal denied natural justice; orders at first instance were set aside and the proceedings remitted for fresh hearing on all evidence.

Jurisdiction
Australia
Judgment Date
17 November 2016
Procedural Posture
Internal Appeal / Determination of Appeal, Extension of Time, Setting Aside Original Orders and Remittal
Outcome
Appeal allowed; original orders set aside; matter remitted for hearing.
Legal Topics
['procedural Fairness' 'adjournment Applications' 'extension of Time' 'appeal on Question of Law' 'natural Justice' 'medical Evidence']
['administrative Law' 'civil Procedure'] ['procedural Fairness' 'adjournment Applications' 'extension of Time' 'appeal on Question of Law' 'natural Justice' 'medical Evidence']

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Procedural Posture

Internal Appeal / Determination of Appeal, Extension of Time, Setting Aside Original Orders and Remittal

Legal Issues

  1. 1 ["Whether denial of procedural fairness occurred by refusal to adjourn and determination in appellant's absence" 'Whether new medical evidence supports extension of time and grounds for appeal' 'Whether Tribunal at first instance properly considered adjournment application with sufficient evidence']

Ratio Decidendi

For reasons outside the appellant's control, she was unable to prepare or present her case, and in hearing the case in her absence, the Tribunal denied natural justice; orders at first instance were set aside and the proceedings remitted for fresh hearing on all evidence.

Court Disposition

Appeal allowed; original orders set aside; matter remitted for hearing.

Orders

  • ['Extend time for the appellant to file the appeal until 24 March 2016.' 'Allow the appeal against the decision in GEN 15/63753 dated 12 January 2016.' 'Set aside orders (1), (2), and (4) made in proceedings GEN 15/63753.' 'Remit proceedings to the Consumer and Commercial Division for hearing on such evidence as the...