Nguyen v Tisher [2022] NSWCATAP 214

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nguyen v Tisher [2022] NSWCATAP 214 Hearing dates: 23 June 2022 Date of orders: 30 June 2022 Decision date: 30 June 2022 Jurisdiction: Appeal Panel Before: G Ellis SC, Senior Member A Boxall, Senior Member Decision: 1. The application for an extension of time is refused. 2. Leave to appeal is refused. 3. The appeal is dismissed. 4. Each party is to bear their own costs of the appeal. Catchwords: APPEAL – Whether decision just and equitable – Whether decision against the weight of the evidence – Whether new evidence not reasonably available COSTS – Whether special circumstances warranting an order for costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Cripps v G & M Mawson [2006] NSWCA 84 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: Nil Category: Principal judgment Parties: Suong Thao Ly Ho Nguyen (Appellant) Bryan Tisher (First Respondent) Charmain Tisher (Second Respondent) Representation: Appellant (self-represented) B Tisher (Agent) (Respondents) File Number(s): 2022/00115330 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2022] NSWCATCD Date of Decision: 1 April 2022 Before: F Holles, General Member