Notaras v Dourmous [2024] NSWCATAP 42

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Notaras v Dourmous [2024] NSWCATAP 42 Hearing dates: 11 March 2024 Date of orders: 21 March 2024 Decision date: 21 March 2024 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President D Goldstein, Senior Member Decision: (1) To the extent necessary, leave to appeal is granted and the appeal is allowed. (2) The order made on 1 November 2023 in application HB 23/45687 (now application 2023/372393) is set aside and in lieu thereof the following order is made: "1. The time to lodge the application to set aside is extended to 10 October 2023. 2. The order made by the Tribunal and application HB 23/41285 (now application 2023/376348) is set aside." (3) The proceedings are remitted to the Consumer and Commercial Division for rehearing. Catchwords: PRACTICE AND PROCEEDURE — set aside application — exercise of discretion — failure to consider relevant matters — adequacy of reasons Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulation 2022 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy Car Sales [2015] NSWCATAP 65 House v The King (1936) 55 CLR 499; [1936] HCA 40 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Texts Cited: Nil Category: Principal judgment Parties: Irene Notaras (Appellant) (No Appearance) Michael Dourmous (Respondent) Representation: R Karkulati (Agent) (Appellant) Respondent (self-represented) File Number(s): 2023/00362695 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 01 November 2023 Before: S Bliim, General Member File Number(s): 2023/372393 (formerly HB 23/45687)