Somerville v Club Méditerranée Australia Pty Ltd [2021] NSWCATAP 194

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Somerville v Club Méditerranée Australia Pty Ltd [2021] NSWCATAP 194 Hearing dates: 1 June 2021 Date of orders: 30 June 2021 Decision date: 30 June 2021 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member S Goodman SC, Senior Member Decision: (1) The appeal is dismissed. (2) Any application in respect of the costs of the appeal is to be made by written submissions filed and served within 14 days of the date of publication of this decision, such submissions to be of no more than 5 pages. (3) If either party files submissions in accordance with order (2) above the other party may file and serve submissions in response within a further 14 days, such submissions to be of no more than 5 pages. (4) Submissions in reply to any submissions filed in accordance with order (3) above may be filed and served within a further 7 days, such submissions to be of no more than 3 pages. Catchwords: APPEALS — whether Tribunal erred by failing to consider argument Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 77 ALJR 1088 MZAES v Minister for Immigration and Border Protection [2015] FCA 1133 Stead v State Government Insurance Commission (1986) 161 CLR 141; [1986] HCA 54 Texts Cited: None cited Category: Principal judgment Parties: Timothy Somerville (Appellant) Club Méditerranée Australia Pty Ltd (Respondent) Representation: Solicitors: Appellant (self-represented) Salerno Law (Respondent) File Number(s): 2021/00075322 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not reported Date of Decision: 4 March 2020 Before: G Ellis SC, Senior Member File Number(s): GEN 20/43068