Shojai v INA Operations Pty Ltd ATF INA Operations Trust #6 [2023] NSWCATAP 309

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shojai v INA Operations Pty Ltd ATF INA Operations Trust #6 [2023] NSWCATAP 309 Hearing dates: 24 October 2023 Date of orders: 24 October 2023 Decision date: 22 November 2023 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member P Molony, Senior Member Decision: 1. The Appellant's application for an adjournment is refused. 2. Grant leave to the Appellant to challenge order 2 made on 9 August 2023 in proceedings RC 23/30284. 3. Vary order 2 made on 9 August 2023 in proceedings RC 23/30284. The order is now "The Respondent, Gulam Shojai, is to pay the Applicant the sum of $32,072.35, immediately." 4. Leave to appeal is otherwise refused. 5. The appeal is otherwise dismissed. Catchwords: APPEALS – adequacy of reasons – Tribunal's obligation to give reasons under s 62 of the Civil and Administrative Tribunal Act 2013 (NSW) – when inadequate reasons require a new hearing Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential (Land Lease) Communities Act 2013 (NSW) Cases Cited: Amirbeaggi v Matrix Group Co Pty Ltd [2021] NSWCA 21 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Collins v Urban [2014] NSWCATAP 17 Hull v Thompson [2001] NSWCA 359 Hungry Jack's Pty Ltd v Fourtounas [2020] NSWCA 325 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Nu-Stone Building Pty Ltd v McInerney [2023] NSWSC 940 O'Neill v T and I Engines Pty Ltd [2015] NSWCATAP 77 Penson v Titan National Pty Ltd [2015] NSWCA 382 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Secretary, Department of Family and Community Services v Smith [2017] NSWCA 206 Singer v Berghouse (1994) 181 CLR 201; [1994] HCA 40 Yuen v Thom [2016] NSWCATAP 243 Texts Cited: None cited Category: Principal judgment Parties: Gulam Qadir Shojai (Appellant) INA Operations Pty Ltd ATF INA Operations Trust #6 (Respondent) Representation: No Appearance (Appellant) S Watson, Director (Respondent) File Number(s): 2023/00259478 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 09 August 2023 Before: S Smith, General Member File Number(s): RC 23/30284