McMillan v Cone [2019] NSWCATAP 46

McMillan v Cone [2019] NSWCATAP 46

Procedural fairness was not afforded to the appellant because he was not notified of the new hearing date, constituting an error of law requiring the orders to be set aside and the matter remitted for rehearing.

Parties
Appellant: Todd McMillan; Respondent: Geoffrey Cone
Jurisdiction
Australia
Judgment Date
25 February 2019
Procedural Posture
Appeal / Decision
Outcome
Appeal allowed
Legal Topics
Procedural Fairness, Notification of Hearing, Setting Aside Decision, Adjournment
Procedure Procedural Fairness Notification of Hearing Setting Aside Decision Adjournment

Case Brief

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Parties

Todd McMillan

Appellant

Geoffrey Cone

Respondent

Procedural Posture

Appeal / Decision

Legal Issues

  1. 1 Whether procedural fairness was afforded to the appellant regarding notification of the new hearing date

Ratio Decidendi

Procedural fairness was not afforded to the appellant because he was not notified of the new hearing date, constituting an error of law requiring the orders to be set aside and the matter remitted for rehearing.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed.
  • The orders made in matter MV 18/32095 on 6 September 2018 are set aside.