Khan v Kang [2014] NSWCATAP 48

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Khan v Kang [2014] NSWCATAP 48 Hearing dates: 27 August 2014 Decision date: 11 September 2014 Jurisdiction: Appeal Panel Before: Wright J, President S Westgarth, Deputy President Decision: 1.Appeal upheld. 2.Order 1 made on 20 May 2014 in HB 14/09386 be set aside. 3.The whole of the proceedings be remitted to the Consumer and Commercial Division for rehearing. The Appeal Panel DIRECTS that: 4.The Appellant file and serve any statutory declarations from witnesses and other documents on which she seeks to rely on or before 10 September 2014. 5.The Respondents file and serve any statutory declarations from witnesses and other documents on which they seek to rely on or before 24 September 2014. 6.The matter be listed for hearing on 25 September 2014 at 9:15am for a ½ day at Parramatta. Catchwords: APPEAL - Civil and Administrative Tribunal (NSW) - no evidence to support finding of fact - failure to give reasons - failure to exercise jurisdiction - appeal upheld.

WORDS AND PHRASES - 'written statement of reasons' - Civil and Administrative Tribunal 2013 (NSW), s 62. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Campbelltown City Council v Vegan (2006) 67 NSWLR 372 at [109] Collins v Urban [2014] NSWCATAP 17 Keith v Gal [2013] NSWCA 339 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390 Mifsud v Campbell (1991) 21 NSWLR 725 Beale v Government Insurance Office of New South Wales (1997) 48 NSWLR 430 Pettitt v Dunkley [1971] 1 NSWLR 376 at 387 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Supermarkets Pty Limited v Xu [2009] NSWADTAP 28 Waterways Authority v Fitzgibbon [2005] HCA 57 Category: Principal judgment Parties: Nazmul Nisha Khan (Appellant) Shinwoo Kang and Sung Ju Lee (Respondents) File Number(s): AP 14/0256 Decision under appeal Jurisdiction: 150003 Date of Decision: 2014-05-20 00:00:00 Before: B Howe File Number(s): HB 14/09386