Zioukin v BE Commerce Pty Ltd [2023] NSWCATAP 110

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zioukin v BE Commerce Pty Ltd [2023] NSWCATAP 110 Hearing dates: 11 April 2023 Date of orders: 19 April 2023 Decision date: 19 April 2023 Jurisdiction: Appeal Panel Before: A Balla ADCJ, Principal Member A Suthers, Principal Member Decision: (1) The application to adjourn the hearing of the appeal is refused. (2) The appeal is dismissed Catchwords: APPEAL – unrepresented appellant – application for vacation of hearing made on day – no sufficient basis shown – no basis to adjourn - appeal from decision in Consumer and Commercial Division - no relevant question of law Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) ss 36, 38, 51, 80 Cases Cited: AHB v NSW Trustee and Guardian [2014] NSWCA 40 Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 Armee v Brealey [2017] NSWCATAP 141 Bovaird v Frost [2013] NSWCA 91 Prendergast v Western Murray Irrigation Ltd [2004] NSWCATAP 69 Sullivan v Department of Transport (1978) 20 ALR 323 Zioukin v Lang [2023] NSWCA 42 Texts Cited: None Category: Principal judgment Parties: Andre Zioukin (Appellant) BE Commerce Pty Ltd (Respondent) Representation: Andre Zioukin (Self-represented) Darren Bell (Authorised Officer) (Respondent) File Number(s): 2022/00362783 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not cited Date of Decision: 2 November 2022 Before: G Kinsey, General Member File Number(s): GEN 22/29309