Bombardieri v Milsom [2022] NSWCATAP 330

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bombardieri v Milsom [2022] NSWCATAP 330 Hearing dates: 12 October 2022 Date of orders: 24 October 2022 Decision date: 24 October 2022 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member D Goldstein, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. Catchwords: APPEALS — Leave to appeal — Principles governing – leave to appeal refused APPEALS — Procedural fairness — Failure to give reasons — Adequacy of reasons BAILMENT — Remedies — Under statute — Uncollected Goods Act 1995 (NSW) – application for delivery of goods and compensation dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 48, 80, 81, Sch 4, cl 12 Civil and Administrative Tribunal Rules 2014 (NSW), r 25 Uncollected Goods Act 1995 (NSW), ss 3, 5, 31B Uncollected Goods Regulation 2020 (NSW), cll 4, 8 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 NSW Land and Housing Corporation v Orr [2019] 100 NSWLR 578; [2019] NSWCA 231 Origin Concepts Pty Ltd v Wynne [2022] NSWCATAP 31 P8 Auto Ltd t/as European Automotive Ballina v Dolling [2022] NSWCATAP 41 Prendergast v Western Murray Irrigation Ltd [2004] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Zhang v Zhang [2022] NSWSC 924 Texts Cited: None cited Category: Principal judgment Parties: Eniko Bombardieri (Appellant) Dean Milsom (Respondent) Representation: Appellant (Self-represented) Respondent (Self-represented) File Number(s): 2022/00218611 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 1 July 2022 Before: H Smith, General Member File Number(s): GEN 22/13873