Van Wyk v Mosely [2022] NSWCATAP 239

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Van Wyk v Mosely [2022] NSWCATAP 239 Hearing dates: 12 July 2022 Date of orders: 20 July 2022 Decision date: 20 July 2022 Jurisdiction: Appeal Panel Before: R Titterton OAM, Senior Member G Ellis SC, Senior Member Decision: 1. Leave to appeal is refused. 2. As a result, the appeal is dismissed. Catchwords: APPEAL – Whether decision fair and equitable - whether decision against the weight of the evidence - whether there is fresh evidence - whether to grant leave to appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Mitchell v Cullingral Pty Ltd [2012] NSWCA 389 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: Nil Category: Principal judgment Parties: Greta Van Wyk (Applicant) Jennifer Mosely (Respondent) Representation: Appellant (Self-represented) Ms S Pike (Respondent) File Number(s): 2022/00145735 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2022] NSWCATCD Date of Decision: 04 May 2022 Before: Member S Smith File Number(s): RT 22/10300