Morissi v Syed [2022] NSWCATAP 162

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Morissi v Syed [2022] NSWCATAP 162 Hearing dates: 22 March 2022 Date of orders: 16 May 2022 Decision date: 16 May 2022 Jurisdiction: Appeal Panel Before: The Hon D. A. Cowdroy AO QC R C Titterton OAM Decision: 1. The stay of proceedings made on 28 January 2022 be lifted forthwith. 2. Leave be refused to bring the appeal. 3. The appeal be dismissed. Catchwords: APPEAL – appeal from commercial and consumer division – sale of motor vehicle – agent acting for undisclosed principal – defective vehicle – purchaser seeking redress – misleading conduct of indoor Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) - s 80, cl 12(1)(c) of Sch 4 Cases Cited: Al- Mehdawi v Secretary of State for the Home Department [1990] 1 AC 876 Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 Johnson v Johnson 1899 P. 19 Pholi v Wearne [2014] NSWCATAP 78 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Category: Principal judgment Parties: Andrew Morissi (Appellant) Zainulla Syed (First Respondent) Mohammed Haji Aghaie Shahrestani (Second Respondent) Representation: Appellant (Self-represented) First Respondent (Self-represented) Second Respondent (Self-represented) File Number(s): 2022/00007375 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 13 November 2021 Before: P French, Senior Member File Number(s): MV 21/27524