Kassis v Maher [2022] NSWCATAP 181

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kassis v Maher [2022] NSWCATAP 181 Hearing dates: 16 May 2022 Date of orders: 01 June 2022 Decision date: 01 June 2022 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member G Curtin SC, Senior Member Decision: (1) The appeal is dismissed. (2) Leave to appeal is refused. Catchwords: APPEALS — Procedural fairness — Hearing rule – whether the appellant was denied procedural fairness because he not able to appear at the hearing of the Tribunal at first instance APPEALS — Procedure — Leave to appeal – whether there is significant new evidence which was not reasonably available to the appellant at the time of the Tribunal hearing Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Sch 4 cl 12(1) Civil and Administrative Tribunal Regulation 2013 (NSW), reg 9 Uniform Civil Procedure Rules (NSW), r 31.27, Sch 7 cl 3(d) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Texts Cited: NSW Civil and Administrative Tribunal Procedural Direction 3 – Expert Evidence, cls 19(c) and (d) Category: Principal judgment Parties: Elie Kassis (Appellant) Ricky Maher (Respondent) Representation: Appellant (self-represented) Respondent (self-represented) File Number(s): 2022/00053637 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 14 February 2022 Before: S Smith, General Member File Number(s): HB 21/27923