John Peter Maiolo v Frank Chiarelli and Anor [2016] NSWCATAP 81

John Peter Maiolo v Frank Chiarelli and Anor [2016] NSWCATAP 81

The Tribunal Member's refusal to accept and consider the appellant's folder of documents at the renewal hearing deprived the appellant of the opportunity to have evidence considered and to make submissions based on it, contrary to natural justice under the Civil and Administrative Tribunal Act 2013. The omitted material could possibly have affected the outcome because it addressed the appellant's travel arrangements, receipt of the earlier orders, attempted access, and the timing of the renewal application. The appeal was therefore allowed, the orders of 12 October 2015 were set aside, and the Appeal Panel substituted a work order requiring installation of the kitchen rather than...

Jurisdiction
Australia
Judgment Date
11 April 2016
Procedural Posture
Internal Appeal in Home Building Proceedings / Appeal Panel Appeal From Orders Made on Renewal Proceedings in the Consumer and Commercial Division
Outcome
Appeal allowed; Tribunal orders dated 12 October 2015 set aside; substituted work order made; respondents given leave to renew original proceedings if the appellant fails to comply.
Legal Topics
['natural Justice' 'procedural Fairness' 'internal Appeal' 'renewal of Proceedings' 'rectification Work Order']
['administrative Law' 'civil Procedure' 'home Building'] ['natural Justice' 'procedural Fairness' 'internal Appeal' 'renewal of Proceedings' 'rectification Work Order']

Case Brief

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Procedural Posture

Internal Appeal in Home Building Proceedings / Appeal Panel Appeal From Orders Made on Renewal Proceedings in the Consumer and Commercial Division

Legal Issues

  1. 1 ['Whether leave to appeal was required for a ground alleging denial of natural justice.' "Whether the Tribunal Member denied the appellant natural justice by refusing to accept and consider the appellant's folder of documents at the renewal hearing." 'Whether the denial of natural justice deprived the appellant of the possibility of a successful outcome so that relief should be granted.' 'Whether the Appeal Panel should remit the matter or substitute its own decision.']

Ratio Decidendi

The Tribunal Member's refusal to accept and consider the appellant's folder of documents at the renewal hearing deprived the appellant of the opportunity to have evidence considered and to make submissions based on it, contrary to natural justice under the Civil and Administrative Tribunal Act 2013. The omitted material could possibly have affected the outcome because it addressed the appellant's travel arrangements, receipt of the earlier orders, attempted access, and the timing of the renewal application. The appeal was therefore allowed, the orders of 12 October 2015 were set aside, and the Appeal Panel substituted a work order requiring installation of the kitchen rather than...

Court Disposition

Appeal allowed; Tribunal orders dated 12 October 2015 set aside; substituted work order made; respondents given leave to renew original proceedings if the appellant fails to comply.

Orders

  • ["The appeal from the Tribunal's orders dated 12 October 2015 in HB 15/47133 is allowed and the orders are set aside." "Pursuant to section 81(1)(d) of the Civil and Administrative Tribunal Act 2013 the appellant must install the kitchen which was previously stored in the respondents' garage at 1 Vale Avenue Dee Why...