Tadrosse v Ndaira [2015] NSWCATAP 84

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tadrosse v Ndaira [2015] NSWCATAP 84 Hearing dates: 17 March 2015, 21 April 2015 Date of orders: 08 May 2015 Decision date: 08 May 2015 Jurisdiction: Appeal Panel Before: P Durack, SC – Senior Member R Titterton – Senior Member Decision: (1)The appeal be dismissed. (2)The orders of the Tribunal below made on 4 June 2014 be set aside. Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) – appellant bankrupt at all material times – impact on appeal and on decision below Legislation Cited: Bankruptcy Act 1966 Civil and Administrative Tribunal Regulation 2013 Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Cummings v Claremont Petroleum NL (1996) 185 CLR 124 Samootin v Shea [2010] NSWCA 371 at [64] Category: Principal judgment Parties: George Tadrosse (Appellant) Eddie Ndaira (Respondent) Representation: Mitry Lawyers for the Appellant No representation for the Respondent File Number(s): AP 14/53053 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Date of Decision: 4 June 2014 and 28 October 2014 Before: D Sheehan – Member, 4 June 2014 decisionD Charles – Member, 28 October 2014 decision File Number(s): HB 14/12470