Boehme v Castro t/as Mid North Coast Refrigeration & Air Conditioning [2023] NSWCATAP 263

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Boehme v Castro t/as Mid North Coast Refrigeration & Air Conditioning [2023] NSWCATAP 263 Hearing dates: 4 April 2023 Date of orders: 29 September 2023 Decision date: 29 September 2023 Jurisdiction: Appeal Panel Before: D Robertson, Senior Member K Ransome, Senior Member Decision: 1. Leave to appeal refused. 2. Appeal dismissed. 3. The stay order made by the Appeal Panel on 28 February 2023 is lifted. Catchwords: APPEAL – appeal from consent orders – negotiations facilitated by Tribunal – Tribunal made factual error as to licence status of respondent – relevant principles – no error Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Aboriginal Housing Office v Harrison [2021] NSWCATAP 97 E. Rotheray & Sons Ltd v Carlo Bedarida & Co. [1961] 1 Lloyd's Rep 220 Gas & Fuel Corporation of Victoria v Wood Hall Ltd & Leonard Pipeline Contractors Ltd [1978] VR 385 McDonald v McDonald [2016] NSWCATAP 252 Roney v NSW Land and Housing Corporation [2015] NSWCATAP 269 Sylvaney v Carolan [2016] NSWCATAP 36 Yuen v Thom [2016] NSWCATAP 243 Texts Cited: None Cited Category: Principal judgment Parties: Philip Boehme (as Attorney for his father William Boehme) (Appellant) Mario Castro t/as Mid North Coast Refrigeration & Air Conditioning (Respondent) Representation: Applicant in person No appearance of the respondent File Number(s): 2023/00041965 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 13 January 2023 Before: J Drennan, Member File Number(s): HB 22/37028