Rolls Royce Hire Sydney Aust. Pty Ltd v James [2022] NSWCATAP 116

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rolls Royce Hire Sydney Aust. Pty Ltd v James [2022] NSWCATAP 116 Hearing dates: 23 March 2022 Date of orders: 19 March 2022 Decision date: 19 March 2022 Jurisdiction: Appeal Panel Before: G Ellis SC, Senior Member Dr J Lucy, Senior Member Decision: (1) Leave to appeal is refused. (2) Appeal dismissed. (3) No order as to costs. (4) If either party wishes to contend that a different costs order should be made, order 3 above ceases to have effect and the following orders apply: (a) Any application for a different costs order is to be filed and served, supported by evidence and submissions, within 14 days of the date of these orders. (b) Any evidence and submissions in response to the application for a different costs order is to be filed and served within 14 days thereafter. (c) Any such submissions should indicate whether the party accepts that costs should be determined on the papers, i.e. without the need for a further hearing. Catchwords: APPEAL - No error of law – Attempt to revisit rejection of set aside application – Leave to appeal refused Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Cachia v Hanes (1994) 179 CLR 403; [1994] HCA 14 Collins v Urban [2014] NSWCATAP 17 Olley v Marlborough Court Ltd [1949] 1 KB 532 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: Nil Category: Principal judgment Parties: Rolls Royce Hire Sydney Aust. Pty Ltd - Appellant Sarah Miriam James - Respondent Representation: Solicitors: Stonebraker Lawyers (Appellant) Respondent (self-represented) File Number(s): 2021/00325475 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 2 November 2021 Before: C Pirina, Member File Number(s): GEN 21/41986, GEN 21/45465