Stojonoff v Webber [2024] NSWCATAP 71

Stojonoff v Webber [2024] NSWCATAP 71

It is not appropriate to determine on the papers the issue of whether the Tribunal failed to afford procedural fairness by reason of the Tribunal member allegedly falling asleep, given the seriousness of the allegation, conflicting evidentiary material, and the impact on the integrity of the hearing. A hearing on this issue must be conducted. Orders implementing this course were made, including revocation of the order dispensing with a hearing so far as this issue.

Parties
Appellant: Judith Stojonoff; Respondent: Mala Webber; Potential Respondent: Luke Webber
Jurisdiction
Australia
Judgment Date
03 May 2024
Procedural Posture
Internal Appeal / Procedural Interlocutory Orders
Outcome
Procedural orders made; part of previous order revoked; directions issued for evidence and submissions; matter listed for callover
Legal Topics
Appeals on Question of Law, Procedural Fairness, Affidavits and Evidence, Joinder of Parties
Civil Procedure Consumer Law Appeals on Question of Law Procedural Fairness Affidavits and Evidence Joinder of Parties

Case Brief

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Parties

Judith Stojonoff

Appellant

Mala Webber

Respondent

Luke Webber

Potential Respondent

Procedural Posture

Internal Appeal / Procedural Interlocutory Orders

Legal Issues

  1. 1 Whether the Tribunal failed to afford procedural fairness to Ms Stojonoff by reason of the Tribunal member allegedly falling asleep during the hearing
  2. 2 Whether Mr Webber should be joined as a respondent to the appeal
  3. 3 Whether the Tribunal constructively failed to exercise jurisdiction

Ratio Decidendi

It is not appropriate to determine on the papers the issue of whether the Tribunal failed to afford procedural fairness by reason of the Tribunal member allegedly falling asleep, given the seriousness of the allegation, conflicting evidentiary material, and the impact on the integrity of the hearing. A hearing on this issue must be conducted. Orders implementing this course were made, including revocation of the order dispensing with a hearing so far as this issue.

Court Disposition

Procedural orders made; part of previous order revoked; directions issued for evidence and submissions; matter listed for callover

Orders

  • The appellant is to file and serve written submissions on whether Luke Webber should be joined as a respondent within 21 days; respondent to file and serve submissions within 42 days.
  • Order 4 made on 13 February 2024 as corrected on 16 February 2024 is revoked so far as the issue of Tribunal member allegedly falling asleep.