Goodfellow v Gilchrist [2018] NSWCATAP 151

Goodfellow v Gilchrist [2018] NSWCATAP 151

The Appeal Panel determined the Tribunal failed to consider all mandatory relevant considerations, particularly the merits of the applicant's case, when refusing the extension of time for the set aside application. This constituted an error of law. Accordingly, the appeal was allowed and the set aside application remitted for rehearing.

Parties
Appellant: Tony Goodfellow; Respondent: Samuel Gilchrist
Jurisdiction
Australia
Judgment Date
13 June 2018
Procedural Posture
Appeal / Appeal Panel Determination Following Internal Appeal Within Tribunal
Outcome
Appeal upheld and remitted for rehearing
Legal Topics
Set Aside Application, Procedural Fairness, Extension of Time, Internal Appeal in Tribunal
Administrative Law Building and Construction Set Aside Application Procedural Fairness Extension of Time Internal Appeal in Tribunal

Case Brief

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Parties

Tony Goodfellow

Appellant

Samuel Gilchrist

Respondent

Procedural Posture

Appeal / Appeal Panel Determination Following Internal Appeal Within Tribunal

Legal Issues

  1. 1 Whether the Tribunal erred in dismissing an application to set aside a decision made in the absence of a party
  2. 2 Whether the Tribunal erred in declining to grant an extension of time for lodging a set aside application
  3. 3 Whether error of law occurred by failure to consider all relevant factors for extension of time

Ratio Decidendi

The Appeal Panel determined the Tribunal failed to consider all mandatory relevant considerations, particularly the merits of the applicant's case, when refusing the extension of time for the set aside application. This constituted an error of law. Accordingly, the appeal was allowed and the set aside application remitted for rehearing.

Court Disposition

Appeal upheld and remitted for rehearing

Orders

  • Leave granted to extend the time in which to lodge the appeal to 21 March 2018
  • Appeal upheld