Sedghi v Liew [2024] NSWCATAP 6

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sedghi v Liew [2024] NSWCATAP 6 Hearing dates: 27 November 2023 Date of orders: 16 January 2024 Decision date: 16 January 2024 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member D Goldstein, Senior Member Decision: 1. Leave to appeal refused. 2. The appeal is dismissed. Catchwords: APPEALS – Failure to provide transcript or sound recording as ordered – Weight to be given to expert evidence - Communication with the Appeal Panel after the appeal was concluded – No question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Cases Cited: Al Bisher v Sabbagh [2021] NSWCATAP 100 Carr v Finance Corporation of Australia Ltd (No 1) [1981] HCA 20 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Davie v The Lord Provost, Magistrates and Councillors of the City of Edinburgh 1953 SC 34 Dhorajiwala PCT Pty Ltd v Peacock [2022] NSWCATAP 313 House v The King [1936] HCA 40; (1936) 55 CLR 499 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Lehner v The Owners – Strata Plan No 65870 [2023] NSWCATAP 102 Murphy v Trustees of Catholic Aged Care Sydney [2019] NSWCATAP 37 Pholi v Wearne [2014] NSWCATAP 78 Ryan v BKB Motor Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: None cited Category: Principal judgment Parties: Farok Sedghi: appellant Jing Fa Liew and Qian Huang: respondents Representation: The parties were self-represented. File Number(s): 2023/00305513 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Citation: N/A Date of Decision: 30 August 2023 Before: H Woods, Senior Member File Number(s): HB 22/15851 and HB 22/15854