Above All Air Co Pty Ltd v Dandan Automotive Pty Ltd [2021] NSWCATAP 371

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Above All Air Co Pty Ltd v Dandan Automotive Pty Ltd [2021] NSWCATAP 371 Hearing dates: 16 November 2021 Date of orders: 19 November 2021 Decision date: 19 November 2021 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member D Robertson, Senior Member Decision: Leave to appeal refused. Catchwords: APPEALS — Leave to appeal — Significant new evidence that was not reasonably available at the time of hearing at first instance — Not sufficient that appellant did not realise evidence was necessary Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Bowers v Karai [2021] NSWCATAP 316 Collins v Urban [2014] NSWCATAP 17 Commonwealth v Amman Aviation (1991) 174 CLR 64 JLW (Vic) Pty Ltd v Tsiloglou [1994] 1 VR 237 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Category: Principal judgment Parties: Above All Air Co Pty Ltd (Appellant) Dandan Automotive Pty Ltd (Respondent) Representation: R Sultana (Director of Appellant) E Dandan (Director of Respondent) File Number(s): 2021/00236815 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Cited Date of Decision: 21 July 2021 Before: S Sutherland, Tribunal Member File Number(s): MV 21/05529