Su v Agarwal [2023] NSWCATAP 92

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Su v Agarwal [2023] NSWCATAP 92 Hearing dates: On the papers Date of orders: 30 March 2023 Decision date: 30 March 2023 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member G K Burton SC, Senior Member Decision: 1. The appeal is allowed. 2. Remit the matter to the Consumer and Commercial Division for hearing by a differently constituted Tribunal on such evidence as the parties file and serve in accord with directions and the rules for that hearing. 3. Make no order as to the costs of the appeal or the primary decision appealed from. Catchwords: APPEAL – procedural fairness – requires transcript of proceedings to be assessed – adequacy of reasons – remitter to differently-constituted Tribunal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Allianz Australia Insurance Ltd v Cervantes (2012) 61 MVR 443, [2012] NSWCA 244 Chapman v Nicolosi [No 2] [2023] NSWCATAP 73 Collins v Urban [2014] NSWCATAP 17 Eadie v Harvey [2017] NSWCATAP 201 Mifsud v Campbell (1991) 21 NSWLR 725 Minister for Immigration and Multicultural and Indigenous Affairs; ex parte Palme (2003) 216 CLR 212 NSW Land and Housing Corp v Orr (2019) 100 NSWLR 578, [2019] NSWCA 231 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 at [62]-[63]; Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Rodger v De Gelder (2015) 71 MVR 514, [2015] NSWCA 211 Soulemezis v Dudley (Holdings) PL (1987) 10 NSWLR 247 (CA) Wainohu v NSW (2011) 243 CLR 181 Texts Cited: Nil Category: Principal judgment Parties: Huiyang Su (Appellant) Nipun Agarwal (Respondent) Representation: Appellant (Self-represented) Respondent (Self-represented) File Number(s): 2022/00382054 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal NSW Jurisdiction: Consumer and Commercial Division Date of Decision: 14 December 2022 Before: S Smith, General Member File Number(s): RT 22/41473; RT 22/48240