Wallbank v Angelos [2021] NSWCATAP 128

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wallbank v Angelos [2021] NSWCATAP 128 Hearing dates: 27 April 2021 Date of orders: 10 May 2021 Decision date: 10 May 2021 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member S Goodman SC, Senior Member Decision: (1) The appellants have leave to appeal. (2) Appeal allowed. (3) The proceedings be remitted to the Consumer and Commercial Division of the Tribunal for re-hearing. Catchwords: APPEALS – leave to appeal – substantial miscarriage of justice - absence of a sufficiently clear and cogent account of the facts relevant to the issue for determination – finding contrary to the evidence Legislation Cited: Civil and Administrative Tribunal Act 2013, s 80 and Sch 4, cl 12 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Costa v The Public Trustee of NSW [2008] NSWCA 223 Pahlow-Silady v Siladi [1997] NSWCA 241 Texts Cited: Nil Category: Principal judgment Parties: Myles Wallbank (First Appellant) Kirsten Battin (Second Appellant) Dione Angelos (Respondent) Representation: First Appellant (Self-Represented) Second Appellant (First Appellant) Respondent (Self-Represented) File Number(s): 2021/00056132 (AP 21/08668) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 18 February 2021 Before: S Dutra, General Member File Number(s): RT 20/41739