Leeds v Turner t/as design2BUILD

In the case of Leeds v Turner t/as design2BUILD, the applicant, Ms Leeds, appealed against a decision of the Tribunal which dismissed her claim against the respondent, Mr Turner, for the failure to complete building work. The Tribunal's hearing was conducted via telephone due to the COVID-19 pandemic, and the applicant's phone connection to the Tribunal was lost after she presented her evidence. As a result, she was unable to hear the respondent's evidence, cross-examine him, or make final submissions. The Tribunal found that there was insufficient evidence to support Ms Leeds' claim.

The court was required to determine whether Ms Leeds was denied procedural fairness due to the manner in which the hearing was conducted. The learned member outlined the intended process for the hearing at its commencement, but after Ms Leeds finished giving her evidence, her phone connection to the conference call was terminated. Despite attempts to reconnect, the hearing continued in her absence. The court examined whether the fair hearing rule was breached in this instance. The fair hearing rule requires a party to have the opportunity to know the case against them, present their case, cross-examine witnesses, and make submissions.

The court found that the manner in which the hearing was conducted raised questions of whether Ms Leeds was afforded procedural fairness. The court concluded that the Appeal Tribunal must act fairly and according to the substantial merits of the case and observe the rules of natural justice. In this instance, it was the application of the fair hearing rule that was relevant. The court determined that the applicant was denied procedural fairness as she was unable to hear the respondent's evidence, cross-examine him, or make final submissions. Consequently, the court allowed the appeal, set aside the Tribunal's decision, and remitted the matter to the Tribunal for reconsideration according to law.