Quader v Nguyen [2022] NSWCATAP 128

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Quader v Nguyen [2022] NSWCATAP 128 Hearing dates: 19 April 2022 Date of orders: 02 May 2022 Decision date: 02 May 2022 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member G Ellis SC, Senior Member Decision: (1) The appeal in relation to the award of $890.00 to the appellants is upheld. (2) Order 1 made by the Tribunal on 21 December 2021 is varied by substituting the sum of $2,402.68 for the sum of $890.00 referred to in that order. (3) Leave to appeal is refused. Catchwords: APPEAL - error of law – failure to consider claim for compensation - no substantial miscarriage of justice may have been suffered - leave to appeal refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80, Sch 4, cl 12 Civil and Administrative Tribunal Rules 2014 (NSW), r 25 Residential Tenancies Act 2010 (NSW), ss 44, 46, 65, 73, 187 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Hadley v Baxendale (1854) 9 Ex 341 Haines v Bendall (1991) 172 CLR 60; [1991] HCA 15 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Torpey v Stewart [2021] NSWCATAP 248 Texts Cited: None cited Category: Principal judgment Parties: Waleed Quader (First Appellant) Anees Quader (Second Appellant)

Xuan Nguyen (Respondent) Representation: First Appellant (self-represented) W Quader (Agent)(First Appellant) T Nguyen (Agent)(Respondent) File Number(s): 2022/00039105 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 21 December 2021 Before: A Blair, General Member File Number(s): RT 21/41771