The Supreme Court granted leave to appeal from the ACAT Appeal Tribunal, holding it was reasonably arguable that the Appeal Tribunal misconceived its jurisdiction by treating an appeal by way of review under s 82(1)(b) of the ACAT Act as strictly limited to identifying errors on the material before the original tribunal. The Court identified that the Appeal Tribunal failed to consider whether to admit further evidence, make findings on whether the tenant actually received notice of the hearing, or exercise its discretion to depart from s 82(1)(b) review in favour of a de novo rehearing under s 82(1)(a), despite the President's order expressly preserving that discretion. The substantive questions — including whether compliance with ACAT service rules forecloses a procedural fairness challenge where the party had no actual notice — remain unresolved pending the full appeal.
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