4 Jun 2020
The Tenancy Tribunal erred in failing to action the applicant's approved request to appear by telephone, thereby depriving him of the right to be heard; the appropriate remedy is to set aside the Tribunal decision and refer the matter back to the Tenancy Tribunal for reconsideration; costs to lie where they fall.
11 Oct 2019
The Court granted consent orders setting aside the Immigration and Protection Tribunal's decision and remitting the appellant's deportation appeal on humanitarian grounds to the Tribunal for rehearing and redetermination with directions to consider specified fresh evidence, because the Tribunal did not have the benefit of that evidence and remittal was the appropriate remedy.
3 Jul 2014
The application for recall was dismissed because the appellant did not establish the 'very special reason' required to recall a judgment; the newly produced recording did not change the objective effect of the negotiated, without‑prejudice settlement or the joint memoranda, which evidenced the appellant's active participation and preserved the ability to challenge methodology; remittal to the Authority was an appropriate remedy given evidentiary insufficiency.
18 Apr 2013
The Tribunal applied an incorrect 'strike out' test rather than assessing whether the evidence before it established a prima facie case on the elements of the charge; because the Tribunal misdirected itself and a correct substantive determination was not made, the Tribunal's finding that there was a case to answer is set aside and the matter is remitted to a newly constituted disciplinary tribunal to determine the issues and preserve appeal rights.
3 Oct 2011
Adoption under s16(2) Adoption Act severs the legal parent-child relationship for all purposes save expressly excepted matters; therefore 'natural parent' in s29 Social Security Act 1964 does not include a birth parent whose child has been adopted; the Authority erred in law in so finding, and because there was insufficient current evidence on whether the adoptive parents were unable to care for or support the child the matter is remitted to the Authority for reconsideration of s29(b).
9 Aug 2011
Despite partial and qualified success by the appellants, the ordinary presumption that a successful litigant receives its costs applies; the appellants are entitled to their full scale costs and disbursements because the qualified nature of the decision reflected statutory policy and did not justify a reduction for partial success.
2 Aug 2011
Leave to file the late costs memorandum was granted because the six working‑day delay caused no real prejudice; costs were awarded to the appellants on a 2B basis for the interlocutory application (against the second respondent only) and for the appeal (against all respondents) with specific disbursements allowed where they were specific, reasonably necessary and reasonable (out‑of‑town counsel travel, DX, courier and binding where justified) and disallowed where unnecessary or inflated (postage/binding/courier to non‑party Mr Parlane, filing fee that was unreasonably high). Joint memoranda m…
16 Feb 2009
The Court refused to remit the matters to the TRA and affirmed the TRA's decisions except to give effect to the TRA's finding allowing a $22,500 consultancy fee deduction for certain trading companies; IR150 certificates were valid and provided adequate evidential foundation; later evidence from other Russell template cases cannot be used to reopen or alter earlier assessments on appeal; exhibit 16 did not provide adequate basis for funding charge; Commissioner to calculate additional tax and apply Withey where he is satisfied no neglect or default occurred; orders made to amend assessments f…
11 Aug 1997
The Court allowed the appeal but did not revoke the Review Officer's decision; under reg 16(2) the Court may remit matters to the Review Officer and, given s79 and the balance of convenience and absence of manifest injustice, it was appropriate to remit for rehearing while leaving the existing review decision in force until the Review Officer determines the matter.