PR v MDM [2020] NSWCATAP 151

PR v MDM [2020] NSWCATAP 151

The grounds of appeal regarding fresh evidence and legal principles warrant a new hearing; the Appeal Panel sets aside the prior suppression order relating to disclosure of parties' names and replaces it with a new order pending further consideration.

Jurisdiction
Australia
Judgment Date
23 July 2020
Procedural Posture
Appeal / Interlocutory Appeal Listed for Call Over, Orders Made for New Hearing
Outcome
Order 3 set aside, matter to proceed by way of a new hearing, interlocutory suppression order made
Legal Topics
['suppression Orders' 'tribunal Procedure' 'open Justice' 'confidentiality in Proceedings']
['administrative Law' 'strata/property Law'] ['suppression Orders' 'tribunal Procedure' 'open Justice' 'confidentiality in Proceedings']

Case Brief

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Procedural Posture

Appeal / Interlocutory Appeal Listed for Call Over, Orders Made for New Hearing

Legal Issues

  1. 1 ["Whether Tribunal erred in making suppression/non-publication orders regarding parties' names under s 64(1) of Civil and Administrative Tribunal Act 2013 (NSW)" 'Whether Tribunal correctly applied legal principles and tests for making such orders' "Whether late evidence regarding Respondent's address was properly considered" "Whether Tribunal's findings of fact warranted the suppression orders"]

Ratio Decidendi

The grounds of appeal regarding fresh evidence and legal principles warrant a new hearing; the Appeal Panel sets aside the prior suppression order relating to disclosure of parties' names and replaces it with a new order pending further consideration.

Court Disposition

Order 3 set aside, matter to proceed by way of a new hearing, interlocutory suppression order made

Orders

  • ['The Appeal Panel will deal with the appeal by way of a new hearing.' "Order 3 of the Tribunal's orders made on 2 April 2020 is set aside." "Under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), disclosure of the parties' names is prohibited, pending further order." 'The appeal is listed for...