Shielsar v Aghabekian [2021] NSWCATAP 336

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shielsar v Aghabekian [2021] NSWCATAP 336 Hearing dates: 12 October 2021 Date of orders: 29 October 2021 Decision date: 29 October 2021 Jurisdiction: Appeal Panel Before: S Goodman SC, Senior Member C Mulvey, Senior Member Decision: 1. The name of the respondent in proceeding HB 21/07423 is amended to "Reza Shielsar". 2. The order made by the Tribunal in proceeding HB 21/07423 on 30 June 2021 is amended by the removal of the words "Art & Brush Pty Ltd" and by the insertion in substitution therefor the words "Reza Shielsar". 3. The name of the appellant in proceeding AP 2021/00215117 is amended to "Reza Shielsar". 4. The time in which to appeal is extended to 27 July 2021. 5. Leave to appeal is refused. 6. The appeal is otherwise dismissed. Catchwords: PRACTICE AND PROCEDURE – s 63 of the Civil and Administrative Tribunal Act – power to correct error in decision – scope of power – principles to be applied – power to correct name in final order – where proceedings against deregistered company APPEALS – whether error of law – whether leave to appeal should be granted Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Corporations Act 2001 (Cth) Uniform Civil Procedure Rules, 2005 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Dixonbuild Pty Ltd v Adams [2020] NSWCATAP 190 SZTOG v Minister for Immigration and Border Protection [2018] FCA 112 Yang v Oppidan Homes Pty Ltd [2016] NSWCATAP 146 ZNX v ZNY [2020] NSWCATAP 41 Category: Principal judgment Parties: Reza Shielsar (Appellant) John Aghabekian (Respondent) Representation: Appellant (Self represented) Respondent (Self represented) File Number(s): 2021/00215117 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 30 June 2021 Before: G Ellis SC, Senior Member File Number(s): HB 21/07423