Phanivong v Garner [2014] NSWCATAP 62

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Phanivong v Garner [2014] NSWCATAP 62 Hearing dates: 2 October 2014 Decision date: 16 October 2014 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member J Smith, Senior Member Decision: 1. By consent the appellant has leave to appeal out of time and time is extended pursuant to s41 of the Civil and Administrative Tribunal Act 2013 up to 1/7/2014. 2. The appellant has leave to amend the Notice of Appeal to seek leave to appeal in accordance with section 80 and Schedule 4 cl 12 of the Civil and Administrative Tribunal Act 2013. 3. The application for leave to appeal is refused. 4. The appeal is otherwise dismissed. Catchwords: Substantial miscarriage of justice, out of time, against the weight of evidence. Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Collins v Urban [2014]NSWCATAP 17, Jackson v NSW Land and Housing Corporation [2014]NSWCATAP 22 Category: Principal judgment Parties: Mr Stanysavljevic appeared on behalf of the appellant, Nhu Phanivong Adam Garner and Melissa Garner, the respondents, appeared in person File Number(s): AP 14/46449 (formerly AP 14/0271) Decision under appeal Jurisdiction: 150003 Date of Decision: 2014-06-10 00:00:00 Before: S Hennings, General Member File Number(s): RT 14/24787

reasons for decision 1The Appeal Panel made orders in these proceedings on 2 October 2014. 2At that time the Appeal Panel indicated it would publish written reasons. These are those reasons.