Globelink International Pty Ltd v Lemesh [2020] NSWCATAP 193

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Globelink International Pty Ltd v Lemesh [2020] NSWCATAP 193 Hearing dates: 30 June 2020 Date of orders: 16 September 2020 Decision date: 16 September 2020 Jurisdiction: Appeal Panel Before: A P Coleman SC, Senior Member J Lonsdale, Senior Member Decision: (1) The appeal is allowed. (2) The orders made by the Tribunal on 24 March 2020 are set aside and in lieu thereof order that the proceedings are dismissed for want of jurisdiction. Catchwords: CONSUMER CLAIM – shipping contract; compensation JURISDICTION – federal matter, maritime claim Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Admiralty Act 1988 (Cth) Cases Cited: Burns v Corbett; Burns v Gaynor; A-G for New South Wales v Burns; New South Wales v Burns [2018] HCA 15 China Shipping (Australia) Agency Co v D J Kelly Pty Ltd [2010] NSWSC 1556 Dalton v Qantas Airways Ltd; Dalton v Morrison [2020] NSWCATAD 2 Samick Lines Co. Ltd v Owners of the Antonis P. Lemos [1985] AC 711 The Owners of The Ship "Shin Kobe Maru" v Empire Shipping Company Inc. (1994) 181 CLR 404 Wilson v Chan & Naylor Parramatta Pty Ltd [2020] NSWCA 213 Category: Principal judgment Parties: Globelink International Pty Limited (Appellant) Ibrahim Lemesh (Respondent) Representation: Solicitors: Ms McCombie (Managing Director) (Appellant) Appellant (Self Represented) File Number(s): AP 20/18288 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 24 March 2020 Before: J Ringrose, Member