Jackson v N K Tiling Pty Ltd [2017] NSWCATAP 106

Jackson v N K Tiling Pty Ltd [2017] NSWCATAP 106

The Tribunal erred in law and denied procedural fairness by failing to offer the unrepresented appellants an adjournment to allow them to tender additional evidence, despite the absence of a formal request, given their lack of understanding of procedural requirements.

Source-derived case information.

Parties
Appellant: Sophie Jackson; Appellant: Ken Jackson; Respondent: N K Tiling Pty Ltd
Jurisdiction
Australia
Judgment Date
16 May 2017
Procedural Posture
Civil Appeal / Internal Appeal From Tribunal Decision
Outcome
Appeal allowed
Legal Topics
Adjournment, Admission of Evidence, Rules of Natural Justice
Procedural Fairness Administrative Law Adjournment Admission of Evidence Rules of Natural Justice

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Parties

Sophie Jackson

Appellant

Ken Jackson

Appellant

N K Tiling Pty Ltd

Respondent

Procedural Posture

Civil Appeal / Internal Appeal From Tribunal Decision

Legal Issues

  1. 1 Whether the Tribunal erred in not offering an adjournment to self-represented parties to tender late evidence
  2. 2 Whether refusal to admit late evidence constituted denial of procedural fairness

Ratio Decidendi

The Tribunal erred in law and denied procedural fairness by failing to offer the unrepresented appellants an adjournment to allow them to tender additional evidence, despite the absence of a formal request, given their lack of understanding of procedural requirements.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed.
  • Set aside the orders made by the Tribunal on 6 December 2016.