Harris v White [2022] NSWCATAP 395

Harris v White [2022] NSWCATAP 395

Mr Harris did not have a reasonable opportunity to present his case because notice of the hearing was sent to an incorrect address and he was therefore unaware of the proceedings. This constituted a denial of procedural fairness and warranted setting aside the previous order and remitting the matter for rehearing.

Jurisdiction
Australia
Judgment Date
20 December 2022
Procedural Posture
Internal Appeal / Appeal Decision
Outcome
Appeal allowed. Previous order set aside. Proceedings remitted for rehearing.
Legal Topics
['procedural Fairness' 'notice of Hearing' 'appeals in Tribunals' 'denial of Opportunity to Be Heard']
['administrative Law' 'civil Procedure'] ['procedural Fairness' 'notice of Hearing' 'appeals in Tribunals' 'denial of Opportunity to Be Heard']

Case Brief

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Procedural Posture

Internal Appeal / Appeal Decision

Legal Issues

  1. 1 ['Did Mr Harris have a reasonable opportunity to present his case?' 'Whether failure to notify of hearing amounted to denial of procedural fairness']

Ratio Decidendi

Mr Harris did not have a reasonable opportunity to present his case because notice of the hearing was sent to an incorrect address and he was therefore unaware of the proceedings. This constituted a denial of procedural fairness and warranted setting aside the previous order and remitting the matter for rehearing.

Court Disposition

Appeal allowed. Previous order set aside. Proceedings remitted for rehearing.

Orders

  • ['The appeal is allowed.' 'The order made on 23 September 2022 in proceedings HB 22/3185 is set aside.' 'The proceedings are remitted to the Consumer and Commercial Division for rehearing, with new evidence allowed.']