Chapman v Nicolosi (No 2) [2023] NSWCATAP 73

Chapman v Nicolosi (No 2) [2023] NSWCATAP 73

As the original Tribunal made adverse findings of credit on an issue to be retried, the interests of justice require the matter be remitted to a differently constituted Tribunal. The successful appellant is entitled to costs of the appeal, with execution stayed pending outcome of the remitted proceedings.

Parties
Appellant: Nigel Christopher Chapman; Respondent: Gail Joy Nicolosi
Jurisdiction
Australia
Judgment Date
14 March 2023
Procedural Posture
Appeal / Post Appeal, Consequential Orders
Outcome
Remittal to differently constituted Tribunal; costs order for appellant; stay of execution of costs order
Legal Topics
Remittal to Differently Constituted Tribunal, Internal Appeal, Costs
Administrative Law Remittal to Differently Constituted Tribunal Internal Appeal Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Nigel Christopher Chapman

Appellant

Gail Joy Nicolosi

Respondent

Procedural Posture

Appeal / Post Appeal, Consequential Orders

Legal Issues

  1. 1 Whether the remitted proceedings should be heard by the same Tribunal Senior Member or a differently constituted Tribunal
  2. 2 Entitlement to costs of the appeal

Ratio Decidendi

As the original Tribunal made adverse findings of credit on an issue to be retried, the interests of justice require the matter be remitted to a differently constituted Tribunal. The successful appellant is entitled to costs of the appeal, with execution stayed pending outcome of the remitted proceedings.

Court Disposition

Remittal to differently constituted Tribunal; costs order for appellant; stay of execution of costs order

Orders

  • An oral hearing of the remaining issues is dispensed with.
  • The proceedings are remitted to a differently constituted Tribunal.