Strbik v Allies Security Services Pty Ltd [2014] NSWCATAP 91

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Strbik v Allies Security Services Pty Ltd [2014] NSWCATAP 91 Hearing dates: Determined on the papers Decision date: 21 November 2014 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Titterton, Principal Member Decision: 1. Application for leave to appeal is dismissed; 2. The appeal is otherwise dismissed Catchwords: Appeal - Civil and Administrative Tribunal (NSW) Legislation Cited: Civil and Administrative Tribunal Act NSW (2013) Cases Cited: BHP Billiton Ltd v Dunning [2013] NSWCA 421 Collins v Urban [2014] NSWCATAP 17 Nakad v Commissioner of Police, NSW Police Force [2014] NSWCATAP 10 Pholi v Wearne [2014] NSWCATAP 78 Texts Cited: - Category: Principal judgment Parties: Premysl (Sam) Strbik (appellant) Allies Security Services Pty Ltd (respondent) Representation: - - File Number(s): AP14/46548 Publication restriction: - Decision under appeal Jurisdiction: 150003 Citation: - Date of Decision: 2014-08-14 00:00:00 Before: S Corley File Number(s): GEN 14/00231

reasons for decision

Introduction 1In this matter the appellant seeks to appeal against a decision of a member sitting in the Consumer and Commercial Division of the Tribunal. The appellant had alleged that, having completed a two week course in June 2012, for which he paid $495, the respondent failed to provide him with a Certificate in Security Operations. He also claimed compensation for loss of earnings of $30,000. 2On 14 August 2014 his application was dismissed. The Tribunal found that the appellant had not established that he had completed all the course assessments necessary to be awarded a Certificate. The Tribunal also found that the appellant had not established a breach of the relevant agreement by the respondent resulting in either damages or costs to him. 3This is a matter in which the appellant requires the leave to appeal. For the reasons below, we consider that leave to appeal should be refused, and that the appeal should be dismissed.