Gearbox Solutions Pty Ltd v Bougoukas [2014] NSWCATAP 105

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gearbox Solutions Pty Ltd v Bougoukas [2014] NSWCATAP 105 Hearing dates: 21 November 2014 Decision date: 10 December 2014 Jurisdiction: Appeal Panel Before: A P Coleman SC, Senior Member C Paull, Senior Member Decision: 1. Application for Leave to Appeal refused; 2. Appeal dismissed. Catchwords: LEGAL REPRESENTATION: whether leave to represent party in Appeal Panel hearing necessary; discretion to allow party to be legally represented; whether unfair to respondent; issues not complex; leave refused. BIAS: whether apprehended bias because leave for legal representation refused; application to disqualify rejected. APPEAL: Leave to appeal; questions of fact; no questions of law; no other basis for leave; leave refused. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 at [6]; Michael Wilson & Partners Limited v Nicholls [2011] HCA 48; (2011) 244 CLR 427; Collins v Urban [2014] NSWCATAP 17; Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69; Agrison Pty Ltd v Madsen [2014] NSWCATAP 95 Category: Principal judgment Parties: Gearbox Solutions Pty Ltd (Appellant) Michael Bougoukas (Respondent) File Number(s): AP 14/46444 Publication restriction: NIL Decision under appeal Jurisdiction: 150003 Date of Decision: 2014-05-26 00:00:00 Before: D Turley, Member File Number(s): MV 14/15037