Dragovic v Peros [2022] NSWCATAP 265

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dragovic v Peros [2022] NSWCATAP 265 Hearing dates: 1 August 2022 Date of orders: 10 August 2022 Decision date: 10 August 2022 Jurisdiction: Appeal Panel Before: C Fougere, Principal Member G Curtin SC, Senior Member Decision: 1. Appeal upheld. 2. The orders of the Tribunal dated 2 May 2022 are set aside. 3. The proceedings are remitted to the Tribunal (differently constituted) to be determined according to law. Catchwords: ADMINISTRATIVE LAW — particular administrative bodies — NSW Civil and Administrative Tribunal – adequacy of reasons - central controversies must be dealt with - competing evidence relevant to central factual controversies must be analysed and resolved – analysis and resolution best achieved by consideration of the contemporary materials, objectively established facts and the apparent logic of events Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s36(1) Cases Cited: Fox v Percy CLR 118; [2003] HCA 22 Meacham v Commissioner of Police [2020] NSWCATAP 107 Moloney v Taylor [2016] NSWCA 199 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Texts Cited: Nil Category: Principal judgment Parties: Brooke Dragovic (Appellant) Gerry Peros (Respondent) Representation: Appellant (Self-represented) No appearance by the Respondent File Number(s): 2022/00155977 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 2 May 2022 Before: D Barnetson, General Member File Number(s): GEN 21/47546