Lay v Soueidan [2023] NSWCATAP 310

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lay v Soueidan [2023] NSWCATAP 310 Hearing dates: 2 November 2023 Date of orders: 23 November 2023 Decision date: 23 November 2023 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member A Lo Surdo SC, Senior Member Decision: 1. The appeal is allowed. 2. The order made by the Tribunal on 23 August 2023 is set aside. 3. The order made by the Tribunal on 4 August 2023 is varied so as to require that the respondent to this appeal is to pay the appellant the sum of $15,250 within 7 days of the day on which this decision is issued to the parties. Catchwords: APPEALS - appeal from decision made under Regulation 9 of the Civil and Administrative Tribunal Regulation 2022 setting aside orders made in the absence of the respondent to the appeal – ancillary decision – right of appeal on a question of law – adequacy of reasons – re-determination of set aside application by the Appeal Panel – discretionary considerations. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Civil and Administrative Tribunal Regulation 2022 (NSW) Cases Cited: Barbour v Autosports Five Dock Pty Ltd [2020] NSWCATAP 141 Cominos v Di Rico [2016] NSWCATAP 5 Hammond v Ozzy's Cheapest Cars Pty Ltd [2015] NSWCATAP 65 Upton v Martin & Stein Antiques Pty Ltd [2016] NSWCATAP 228 Texts Cited: None cited Category: Principal judgment Parties: Roberto Lay (Appellant) Bilal Soueidan (Respondent) Representation: Roberto Lay (self represented) Bilal Soueidan (self represented) File Number(s): 2023/00278484 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Citation: [2023] NSWCATCD Date of Decision: 28 August 2023 Before: S De Jersey, General Member File Number(s): GEN 23/36474