O’Riordan v Brown [2024] NSWCATAP 3

O’Riordan v Brown [2024] NSWCATAP 3

The Appeal Panel held that the first instance hearing, although allocated three hours, was concluded in 1 hour and 46 minutes and the appellant was restricted in the time available to make submissions and refer to evidence. In relation to the compensation claim for $15,569.00, those restrictions deprived him of an opportunity to put information or argument to the Tribunal Member and amounted to a denial of procedural fairness. However, the appeal against the disbursement order failed because the appellant did not challenge the operative basis on which the Tribunal found the respondents entitled to reimbursement under s 55A of the Property and Stock Agents Act 2002 (NSW), despite the...

Jurisdiction
Australia
Judgment Date
08 January 2024
Procedural Posture
Internal Appeal From a Consumer and Commercial Division Decision Concerning an Exclusive Selling Agency Agreement, Disbursements and Compensation / Appeal Panel Decision
Outcome
Appeal dismissed in relation to the $3,281.00 disbursement order; leave to appeal granted and appeal allowed in relation to dismissal of the appellant's $15,569.00 claim; proceedings remitted to the Consumer and Commercial Division differently constituted; stay discharged.
Legal Topics
['exclusive Selling Agency Agreement' 'liability for Agent Disbursements' 'property and Stock Agents Act 2002 (nsw) S 55 A' 'procedural Fairness' 'leave to Appeal' 'internal Appeal']
['consumer Law' 'property and Stock Agents' 'administrative Law'] ['exclusive Selling Agency Agreement' 'liability for Agent Disbursements' 'property and Stock Agents Act 2002 (nsw) S 55 A' 'procedural Fairness' 'leave to Appeal' 'internal Appeal']

Case Brief

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Procedural Posture

Internal Appeal From a Consumer and Commercial Division Decision Concerning an Exclusive Selling Agency Agreement, Disbursements and Compensation / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether the appellant was denied procedural fairness by time limits at the first instance hearing which restricted his opportunity to present evidence and submissions on his compensation claim' "Whether the Tribunal erred in ordering the appellant to reimburse the respondents' disbursements under ss 55 and 55A of the Property and Stock Agents Act 2002 (NSW)" "Whether leave to appeal should be granted in connection with the dismissal of the appellant's claim for $15,569.00"]

Ratio Decidendi

The Appeal Panel held that the first instance hearing, although allocated three hours, was concluded in 1 hour and 46 minutes and the appellant was restricted in the time available to make submissions and refer to evidence. In relation to the compensation claim for $15,569.00, those restrictions deprived him of an opportunity to put information or argument to the Tribunal Member and amounted to a denial of procedural fairness. However, the appeal against the disbursement order failed because the appellant did not challenge the operative basis on which the Tribunal found the respondents entitled to reimbursement under s 55A of the Property and Stock Agents Act 2002 (NSW), despite the...

Court Disposition

Appeal dismissed in relation to the $3,281.00 disbursement order; leave to appeal granted and appeal allowed in relation to dismissal of the appellant's $15,569.00 claim; proceedings remitted to the Consumer and Commercial Division differently constituted; stay discharged.

Orders

  • ['By consent, the name of the second respondent is amended to Letoli4 Prestige Pty Ltd' "The appellant's appeal against the decision of the Tribunal that he pay the respondents $3,281.00 is dismissed" "Leave to appeal is granted in connection with the Tribunal's decision dismissing the appellant's claim for...