Saif v Sharma [2022] NSWCATAP 46

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Saif v Sharma [2022] NSWCATAP 46 Hearing dates: 6 December 2021 Date of orders: 18 February 2022 Decision date: 18 February 2022 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member D Fairlie, Senior Member Decision: 1. Mohsin Saif is joined as a party to the appeal. 2. Leave to appeal granted. 3. Appeal upheld. 4. The orders of the Tribunal dated 17 September 2021 are set aside. 5. The proceedings are remitted to the Tribunal to be determined according to law. 6. (For the avoidance of doubt) Business Empower Australia Pty Ltd is joined as the second respondent to the remitted proceedings. Catchwords: APPEALS — leave to appeal under cl 12 of Sch 4 of the Civil and Administrative Tribunal Act 2013 — significant new evidence that was not reasonably available at the time of the Tribunal hearing – may have suffered a substantial miscarriage of justice – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Sch 4, cl 12 Civil and Administrative Tribunal Rules 2014 (NSW), r 29 Cases Cited: Nil Category: Principal judgment Parties: Tahsin Saif (First Appellant) Mohsin Saif (Second Appellant) Donald Sharma (Respondent) Representation: First Appellant in person and on behalf of the Second Appellant Respondent in person File Number(s): 2021/000282630 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 17 September 2021 Before: P French, Senior Member File Number(s): MV 21/28601