Everson v Barazi [2021] NSWCATAP 341

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Everson v Barazi [2021] NSWCATAP 341 Hearing dates: 6 September 2021, 15 October 2021 Date of orders: 03 November 2021 Decision date: 03 November 2021 Jurisdiction: Appeal Panel Before: Cowdroy AO QC ADCJ, Principal Member P Molony, Senior Member Decision: The Appeal Panel orders that the appeal be dismissed. Catchwords: Appeal – orders made in absence of appellant – appellant failing to comply with directions for the preparation of the hearing – appellant failing to attend hearing – principles to be applied where a party seeks a second hearing. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Court Procedure Rules 2006 (ACT) Summary jurisdiction (Married Women) Act 1895 (UK) Cases Cited: Al Bisher v Sabbagh [2021] NSWCATAP 100 Al-Mehdawi v Secretary of State for the Home Department [1990] 1 AC 876 Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Barton v Wright Hassall LLP [2018] 1 WLR 1119; [2018] UKSC 12 Clements v Independent Indigenous Advisory Committee (2003) 131 FCR 28; [2003] FCAFC 143 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Ernest Franz Allesch v Brigitte Maunz (2000) 203 CLR 172; [2000] HCA 40 Johnson v Johnson [1900] P. 19 Lawless v The Queen (1979) 142 CLR 659 Mohareb v Saratoga Marine Pty Ltd [2020] NSWCA 235 Timmins v Timmins [1919] P. 75] Whear v Kids on Hayes Street Pty Ltd [2021] NSWCATAP 123 Category: Principal judgment Parties: Andrew Everson trading as EVO'S Earthworx (Appellant) Abdulrazak Barazi (Respondent) Representation: Solicitors: Appellant (Self Represented ) Ahmad Barazi (Agent for the Respondent) File Number(s): 2021/00167077 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 12 May 2021 Before: S Hanstein, General Member File Number(s): HB 20/45431