Thurston v Goway Travel Pty Limited [2020] NSWCATAP 140

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Thurston v Goway Travel Pty Limited [2020] NSWCATAP 140 Hearing dates: 3 March 2020 Date of orders: 16 July 2020 Decision date: 16 July 2020 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President J McAteer, Senior Member Decision: (1) To the extent necessary, leave to appeal is granted and the appeal is allowed. (2) The order made 13 November 2019 in application GEN 19/13558 is set aside and in lieu thereof the respondent, Goway Travel Pty Ltd is to pay the applicant Glen Thurston the sum of $27,000, such sum to be paid within 28 days of the date of these orders. (3) The appellant's application for costs is dismissed. Catchwords: EVIDENCE – Finding against the weight of evidence – Adverse inference – Whether it was open to Tribunal to draw adverse inference – error of law – failure to have regard to evidence Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 Equuscorp Pty Ltd v Haxton; Equuscorp Pty Ltd v Bassat; Equuscorp Pty Ltd v Cunningham's Warehouse Sales Pty Ltd [2012] HCA 7; 246 CLR 498 Jones v Dunkel [1959] HCA 8 (1959) 101 CLR 298 Lipkin Gorman v Karpnale Ltd [1991] 2 AC 548 Misfud v Campbell (1990) 21 NSWLR 725 Roxborough v Rothmans of Pall Mall Australia Ltd [2001] HCA 68; 208 CLR 516 Russell Gould Pty Ltd v Ramangkura [2014] NSWCA 310; 87 NSWLR 552 Salib v Gakas; Newport Pacific Pty Ltd v Salib [2010] NSWSC 505 Texts Cited: Nil Category: Principal judgment Parties: Glenn Thurston (Appellant) Goway Travel Pty Ltd (Respondent) Representation: Counsel: S Scott (Respondent)