Barrett v Lee [2021] NSWCATAP 74

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Barrett v Lee [2021] NSWCATAP 74 Hearing dates: 27 January 2021 Date of orders: 24 March 2021 Decision date: 24 March 2021 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member L Wilson, Senior Member Decision: The appeal is dismissed Catchwords: CIVIL PROCEDURE-application to set aside decision made in the absence of a party-discretionary refusal to set aside-arguable defence not shown - other procedural criticisms concerning the original decision. APPEALS-limited circumstances in which an appeal from a discretionary decision will be allowed-whether the Tribunal applied the correct principles-no appealable error established. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulation 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Allesch v Maunz [2000] HCA 40; 203 CLR 172 Bladen v Mifsud [2020] NSWCATAP 79 Cominos v Di Rico [2016] NSWCATAP 5 Hammond v Ozzy's Cheapest Cars Pty Ltd [2015] NSWCATAP 65 House v King [1936] HCA 40;(1936) 55 CLR 499 Matthew Bryan v Lilly Gorgievski and Les Gorgievski [2015] NSWCATAP 186 Texts Cited: None Category: Principal judgment Parties: Keith Barrett (Appellant) Maureen Lee (First Respondent) Michelle Gomes (Second Respondent) Representation: Appellant (Self-represented Respondents (Self-represented) File Number(s): 2020/00371064 (AP 20/41402) Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 9 September 2020 Before: G Blake SC, Senior Member File Number(s): RT 20/34663