Long v Metromix Pty Ltd [2019] NSWCATAP 8

Long v Metromix Pty Ltd [2019] NSWCATAP 8

The Appeal Panel dispensed with a hearing because the parties had an adequate opportunity to provide written submissions and no cogent reason was given against doing so. Leave for legal representation was granted to all parties because the respondents included companies requiring representation, the third respondent had limited English comprehension, the appeal involved serious allegations of dishonesty and difficult challenges to factual findings from a three-day hearing, the appellant's claims were difficult to understand, and the second and third respondents had been represented at first instance. The proposed condition preventing claims for legal costs was refused because the grant of...

Jurisdiction
Australia
Judgment Date
02 January 2019
Procedural Posture
Appeal From a Decision of the Consumer and Commercial Division in Application GEN 17/19744; Application for Leave for Legal Representation / Appeal Panel Determination on the Papers
Outcome
Application determined on the papers; leave granted to all parties to be legally represented.
Legal Topics
['legal Representation in NCAT Proceedings' 'dispensing With a Hearing' 'leave to Be Legally Represented' 'conditions on Legal Representation']
['practice and Procedure' 'civil and Administrative Tribunal Proceedings' 'consumer Claims' 'home Building'] ['legal Representation in NCAT Proceedings' 'dispensing With a Hearing' 'leave to Be Legally Represented' 'conditions on Legal Representation']

Case Brief

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Procedural Posture

Appeal From a Decision of the Consumer and Commercial Division in Application GEN 17/19744; Application for Leave for Legal Representation / Appeal Panel Determination on the Papers

Legal Issues

  1. 1 ['Whether a hearing of the application for legal representation should be dispensed with under s 50(2) of the Civil and Administrative Tribunal Act, 2013 (NSW).' 'Whether leave should be granted for the parties to be legally represented under s 45 of the Civil and Administrative Tribunal Act, 2013 (NSW).' 'Whether any grant of leave for legal representation should be conditioned on represented parties not being entitled to claim legal costs.']

Ratio Decidendi

The Appeal Panel dispensed with a hearing because the parties had an adequate opportunity to provide written submissions and no cogent reason was given against doing so. Leave for legal representation was granted to all parties because the respondents included companies requiring representation, the third respondent had limited English comprehension, the appeal involved serious allegations of dishonesty and difficult challenges to factual findings from a three-day hearing, the appellant's claims were difficult to understand, and the second and third respondents had been represented at first instance. The proposed condition preventing claims for legal costs was refused because the grant of...

Court Disposition

Application determined on the papers; leave granted to all parties to be legally represented.

Orders

  • ['A hearing of the application for legal representation is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act, 2013.' 'Leave is granted to all parties to be legally represented.']