Tonkin v Riverwalk Realty Pty Ltd [2020] NSWCATAP 260

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tonkin v Riverwalk Realty Pty Ltd [2020] NSWCATAP 260 Hearing dates: On the papers Date of orders: 8 December 2020 Decision date: 08 December 2020 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member A Boxall, Senior Member Decision: Appeal dismissed Catchwords: ADMINISTRATIVE LAW – bias rule – double might test – no evidence of bias CIVIL PROCEDURE – res judicata – fresh proceedings on the same causes of action – no point of principle Legislation Cited: Nil Cases Cited: Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45; (1981) 147 CLR 589 Texts Cited: Nil Category: Principal judgment Parties: Lisa Tonkin (Appellant) Riverwalk Realty Pty Ltd (Respondent) Representation: Appellant (Self Represented) Respondent (Proper Officer) File Number(s): AP 20/34506 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 15 July 2020 Before: P Harris, General Member File Number(s): COM 20/15458

REASONS FOR DECISION 1. The appellant appeals from a decision of the Tribunal dismissing her application for damages against the respondent. The Tribunal dismissed the appellant's application because the matters in issue in that application had been determined in an earlier application commenced by her against the respondent from which she did not appeal. 2. In our opinion there was no error in the Tribunal dismissing the appellant's application for the reasons it gave. Accordingly, this appeal must be dismissed.