Moore v Gallaria Pty Ltd [2023] NSWCATAP 145

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Moore v Gallaria Pty Ltd [2023] NSWCATAP 145 Hearing dates: 16 January 2023 Date of orders: 30 May 2023 Decision date: 30 May 2023 Jurisdiction: Appeal Panel Before: S Thode, Principal Member D Goldstein, Senior Member Decision: 1. Leave to appeal is refused. 2. Appeal dismissed. Catchwords: APPEAL – Decision not fair and equitable – Decision against the weight of evidence - Procedural fairness Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Brown v A Hambridge & G Riog Pty Ltd [2022] NSWCATAP 134 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Italiano v Carbone Ors [2005] NSWCA 177 Owen v Kim [2017] NSWCATAP 26 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Limited [2017] NSWCATAP 39 Texts Cited: None cited Category: Principal judgment Parties: Leonie Moore (First Appellant) Robert Moore (Second Appellant) Gallaria Pty Ltd (Respondent) Representation: Appellants (Self-represented) Respondent (Self-represented) File Number(s): 2022/00318320 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Citation: N/A Date of Decision: 27 September 2022 Before: P Zammit, General Member File Number(s): HB 22/32317