Jiang v Kassis [2022] NSWCATAP 12

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jiang v Kassis [2022] NSWCATAP 12 Hearing dates: 10 January 2022 Date of orders: 18 January 2022 Decision date: 18 January 2022 Jurisdiction: Appeal Panel Before: The Hon Cowdroy AO QC ADCJ, Principal Member G Curtin SC, Senior Member Decision: 1. Appeal upheld. 2. Order 1 made by the Tribunal on 1 October 2021 be set aside. 3. In lieu of Order 1: (a) in proceedings HB 21/29359 it be ordered that the respondent (Mr Jiang) pay the applicant $2,079.58 (Mr Kassis); (b) proceedings HB 21/24552 be remitted to a differently constituted Tribunal for rehearing. 4. Order 3(a) above be stayed pending the determination of the proceedings referred to in Order 3(b). Catchwords: APPEALS – order made by Tribunal unexplained – reasons failing to state the basis upon which the order for payment of monies was made – monetary calculations not conforming to the Tribunal's order Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Carlson v King (1947) 64 WN (NSW) 65 Collins v Urban [2014] NSWCATAP 17 Kendirjian v Ayoub [2008] NSWCA 194 Pettit v Dunkley [1971] 1 NSWLR 376 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Texts Cited: Nil Category: Principal judgment Parties: Zhong Zhi Jiang (Appellant) Elie Kassis (Respondent) Representation: Appellant (Self-Represented) Respondent (Self-Represented) File Number(s): 2021/00291972 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 01 October 2021 Before: P Briggs, General Member File Number(s): HB 21/24552