Leach v Island Curtains `N Verticals Pty Ltd

Leach was the plaintiff, appealing against a decision of the Civil and Administrative Tribunal of New South Wales. The respondent was Island Curtains `N Verticals Pty Ltd. The nature of the dispute was a consumer dispute, with Leach seeking a refund for curtains and related items that were not delivered or, if delivered, were not as agreed upon. The court before which the appeal lay was the Supreme Court of New South Wales.

The legal issue the court had to decide was whether the respondent had delivered a statement of case at an appropriate time, and whether the applicant had had a sufficient opportunity to be heard. The court also had to determine if the primary decision was made in accordance with the principles of natural justice and procedural fairness. The respondent delivered its statement of case on the eve of the hearing, which was an issue in the case.

The court found that the respondent did not deliver its statement of case at an appropriate time, and that the applicant did not have a sufficient opportunity to be heard. The court also found that the primary decision was not made in accordance with the principles of natural justice and procedural fairness. The court set aside the primary decision and ordered a rehearing of the matter before a different adjudicator. The court also ordered that the respondent pay the applicant's filing fee for the application for leave to appeal.