EMG Stone Pty Ltd v Gonda [2021] NSWCATAP 259

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EMG Stone Pty Ltd v Gonda [2021] NSWCATAP 259 Hearing dates: 17 August 2021 Date of orders: 2 September 2021 Decision date: 02 September 2021 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member J Kearney, Senior Member Decision: (1) Leave to appeal is refused; and (2) To the extent then required, the appeal is dismissed. (3) The stay order is set aside from the date of these orders. 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 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Texts Cited: None cited Category: Principal judgment Parties: EMG Stone Pty Ltd (Appellant) Vashti Gonda (First Respondent) Robert Gonda (Second Respondent) Representation: Appellant (Self-represented) First Respondent (Self-represented) Second Respondent (Self-represented) File Number(s): 2021/00159630 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 24 May 2021 Before: Member S. Smith File Number(s): HB 20/14115 and HB 20/37757