Moslemi v Pearce [2022] NSWCATAP 183

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Moslemi v Pearce [2022] NSWCATAP 183 Hearing dates: 1 June 2022 Date of orders: 06 June 2022 Decision date: 06 June 2022 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member D Ziegler, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. (3) The respondents' application for costs is dismissed. Catchwords: APPEALS – allegation of denial of procedural fairness – leave to appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Atcheson v Knight [2018] NSWCATAP 117 Collins v Urban [2014] NSWCATAP 17 Hall v Hawkins [2015] NSWCATAP 197 Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy Car Sales [2015] NSWCATAP 65 Italiano v Carbone & Ors [2005] NSWCA 177 Panico v Crompton & Jennings [2015] NSWCATAP 110 Prendergast v Western Murray Irrigation Ltd [2004] NSWCATAP 69 Profitability Consulting Pty Ltd v Thorpe [2018] NSWCATAP 41 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Secretary, Department of Family and Community Services v Smith [2017] NSWCA 206 SZTOG v Minister for Immigration and Border Protection [2018] FCA 112 ZNX v ZNY [2020] NSWCATAP 41 Texts Cited: None cited Category: Principal judgment Parties: Mina Moslemi (Appellant) Stephen Pearce (First Respondent) Rikilee Pearce (Second Respondent) Representation: F Abedi (Appellant) R Pearce (Respondent) File Number(s): 2022/00085961 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 17 March 2022 Before: D Charles, Senior Member File Number(s): RT22/00351