NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bennett v Hawley [2021] NSWCATAP 71 Hearing dates: 11 February 2021 Date of orders: 24 March 2021 Decision date: 24 March 2021 Jurisdiction: Appeal Panel Before: S. Westgarth, Deputy President J Kearney, Senior Member Decision: (1) Leave to appeal is refused; and (2) The appeal is dismissed Catchwords: APPEAL – from finding of fact – whether against weight of evidence – whether substantial miscarriage of justice Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Dividing Fences Act 1991 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Larney v Johannson [2013] NSWCA 409 Texts Cited: None cited Category: Principal judgment Parties: Russell Bennett (Appellant) Graeme Hawley (Respondent) Representation: B Monkton (Appellant) Respondent (Self Represented) File Number(s): 2020/00371145 (AP 20/46479) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: NA Date of Decision: 19 October 2020 Before: Member W Priestley File Number(s): COM20/14565
reasons for decision
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