Mullally v Lucien [2023] NSWSC 373

Supreme Court New South Wales

Medium Neutral Citation: Mullally v Lucien [2023] NSWSC 373 Hearing dates: 1 March 2023 Date of orders: 17 April 2023 Decision date: 17 April 2023 Jurisdiction: Common Law Before: Yehia J Decision: (1) Leave to appeal refused (2) Appeal dismissed (3) The applicant is to pay the respondent's costs of this application Catchwords: Appeals — Leave to appeal — From the Appeal Panel of the New South Wales Civil and Administrative Tribunal — Where applicant alleged the Appeal Panel erred in adopting the finding that the respondent was "successful" — Whether it was open to find that the respondent was entirely or "somewhat" successful — Leave to appeal refused — Appeal dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 83, 83(1), Sch 4 cl 12(1) Civil Administrative Tribunal Rules 2014 (NSW), rr 37, 38, 39, 40 Cases Cited: Booth v Fourmeninapub Pty Ltd [2020] NSWCA 57 Collins v Urban [2014] NSWCATAP 17 Ferella v Chief Commissioner of State Revenue [2014] NSWCA 378 House v R (1936) 55 CLR 499; [1936] HCA 40 Lucien v Mullally [2022] NSWCATAP 257 Lucien v Mullally; Mullally v Lucien (No 2) [2022] NSWCATCD Mullally v Lucien [2022] NSWCATAP 258 Nutek Constructions Pty Ltd v Slotwinski [2021] NSWSC 832 Schwartz Family Co Pty Ltd v Capitol Carpets Pty Ltd [2017] NSWCA 223 Slotwinski v Nutek Constructions Pty Ltd [2021] NSWCATAP 113 Thomas and Naaz Pty Ltd v Chief Commissioner of State Revenue [2023] NSWCA 40 Vella v Mir (No 3) [2020] NSWCATAP 17 Yu v Cao [2015] NSWCA 276 Slotwinski v Nutek Constructions Pty Ltd [2021] NSWCATAP 113 Category: Principal judgment Parties: Nerida Mullally (Applicant) Anthony Allan Lucien (Respondent) Representation: Counsel: M Fraser (Applicant) J Hyde (Respondent) Solicitors: MBA Lawyers (Applicant) Wilkinson Building & Construction Lawyers Pty Ltd (Respondent) File Number(s): 2022/00260238 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Appeal Panel Citation: [2022] NSWCATAP 258 Date of Decision: 04 August 2022 Before: S Thode, Senior Member AR Boxall, Senior Member File Number(s): 2022/00362358