Stojonoff v Webber (No 2) [2024] NSWCATAP 137

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stojonoff v Webber (No 2) [2024] NSWCATAP 137 Hearing dates: 26 June 2024 Date of orders: 16 July 2024 Decision date: 16 July 2024 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member P Durack SC, Senior Member Decision: (1) Luke Webber is joined as a respondent to these proceedings. (2) Leave to appeal is refused. (3) The appeal is dismissed. (4) The application of the appellant in the application for miscellaneous matters filed on 19 June 2024 that this decision is not published on the NSW Caselaw website is dismissed. Catchwords: APPEALS — Constructive failure to exercise jurisdiction — Appeal dismissed APPEALS — Leave to appeal — Principles governing — Leave to appeal refused APPEALS — Procedural fairness — Evidence does not establish Tribunal member fell asleep during hearing — Appeal dismissed CIVIL PROCEDURE — Non-publication order — Application dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64, Sch 4, cl 12 Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Commonwealth of Australia v Davis Samuel Pty Ltd (No 4) [2008] ACTSC 112; (2008) 221 FLR 151 Stojonoff v Webber [2024] NSWCATAP 71 Treadgold-Svir v Dynamik Constructions Pty Ltd (No 2) [2023] NSWCATAP 271 Texts Cited: NCAT Procedural Direction 3 - Expert Evidence Category: Principal judgment Parties: Judith Stojonoff (Appellant) Mala Webber (First Respondent) Luke Webber (Second Respondent) Representation: Appellant (self-represented) First Respondent (self-represented) Second Respondent (self-represented) File Number(s): 2023/00461437 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 22 November 2023 Before: A Lynch, General Member File Number(s): 2023/00392132 (previously GEN 23/25193)