Blackman v Ya [2022] NSWCATAP 355

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Blackman v Ya [2022] NSWCATAP 355 Hearing dates: 31 October 2022 Date of orders: 14 November 2022 Decision date: 14 November 2022 Jurisdiction: Appeal Panel Before: I R Coleman SC ADCJ, Principal Member R C Titterton OAM, Senior Member Decision: 1. In relation to any question of law, the appeal is dismissed. 2. In relation to any other ground of appeal, leave to appeal is refused. 3. The respondent's application for costs is dismissed. Catchwords: APPEALS – Decision of the Tribunal - whether question of law – whether some other error including being against the weight of the evidence APPEALS — Constructive failure to exercise jurisdiction — Failure to address a material issue and material evidence APPEALS — Procedural fairness — Failure to give reasons — Adequacy of reasons Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) – ss 60, 80, cl 12 of Sch 4 Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 Edwards v Commissioner for Fair Trading, Department of Customer Service [2019] NSWCATAP 249 Goncalves v Bora Developments Pty Ltd [2021] NSWCATAP 231 Majoor v Macquarie University [2022] NSWCATAP 213 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Volkswagen Group Australia Pty Ltd v Saad [2022] NSWCATAP 133 Texts Cited: Nil Category: Principal judgment Parties: Hayley Blackman (Appellant)