Coomber v Butler [2019] NSWCATAP 194

Coomber v Butler [2019] NSWCATAP 194

The application was dismissed because the sound recording of the 31 January 2019 hearing showed that the applicants were given every opportunity to make the applications and submissions they wished to make, the Appeal Panel made clear that they were not obliged to withdraw the appeal and that it would otherwise be heard, and the appeal was dismissed only after the applicants decided to withdraw it. There was no denial of natural justice, no inappropriate conduct or bias by the Member, and no relevant irregularity justifying setting aside the order under s 53(4) of the NCAT Act.

Jurisdiction
Australia
Judgment Date
31 July 2019
Procedural Posture
Application to Set Aside a Decision of the Tribunal Sitting as the Appeal Panel Under S 53(4) of the Civil and Administrative Tribunal Act, 2013 (nsw) / Determined on the Papers by the Appeal Panel
Outcome
The application is dismissed.
Legal Topics
['setting Aside for Irregularity' 'natural Justice' 'withdrawal of Appeal' 'ncat Procedure' 'agricultural Tenancy Possession Order']
['practice and Procedure' 'administrative Law' 'agricultural Tenancies'] ['setting Aside for Irregularity' 'natural Justice' 'withdrawal of Appeal' 'ncat Procedure' 'agricultural Tenancy Possession Order']

Case Brief

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Procedural Posture

Application to Set Aside a Decision of the Tribunal Sitting as the Appeal Panel Under S 53(4) of the Civil and Administrative Tribunal Act, 2013 (nsw) / Determined on the Papers by the Appeal Panel

Legal Issues

  1. 1 ['Whether the order dismissing the appeal on 31 January 2019 should be set aside under s 53(4) of the Civil and Administrative Tribunal Act, 2013 (NSW).' 'Whether the applicants were denied natural justice or whether there was another procedural irregularity in the conduct of the hearing on 31 January 2019.']

Ratio Decidendi

The application was dismissed because the sound recording of the 31 January 2019 hearing showed that the applicants were given every opportunity to make the applications and submissions they wished to make, the Appeal Panel made clear that they were not obliged to withdraw the appeal and that it would otherwise be heard, and the appeal was dismissed only after the applicants decided to withdraw it. There was no denial of natural justice, no inappropriate conduct or bias by the Member, and no relevant irregularity justifying setting aside the order under s 53(4) of the NCAT Act.

Court Disposition

The application is dismissed.

Orders

  • ['The application is dismissed.']