Knight v Oztrack Pty Ltd [2015] NSWCATAP 119

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Knight v Oztrack Pty Ltd [2015] NSWCATAP 119 Hearing dates: 12 May 2015 Date of orders: 24 June 2015 Decision date: 24 June 2015 Jurisdiction: Appeal Panel Before: A Britton, Principal Member D Goldstein, Senior Member Decision: The appeal is dismissed. Catchwords: ADMINISTRATIVE LAW — appeal from Consumer and Commercial Division of NCAT –– whether question of law is raised — whether leave to appeal should be granted –– whether decision under appeal was against the weight of evidence — whether significant new evidence has arisen

PRACTICE AND PROCEDURE — Expert Evidence —obligations of expert to be impartial — weight to be given to an expert's opinion Legislation Cited: Civil and Administrative Tribunal Rules 2014 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Owners - SP 76269 v Draybi Bros Pty Ltd [2014] NSWCATAP 29 Texts Cited: Not applicable Category: Principal judgment Parties: Keirah Knight (Appellant) Oztrack Pty Ltd (Respondent) Representation: Counsel J Simpkins (Respondent)

In person (Appellant) Curwood Solicitors (Respondent) File Number(s): AP 15/05995 Publication restriction: None Decision under appeal Court or tribunal: NCAT Jurisdiction: Consumer and Commercial Division Date of Decision: 2 January 2015 Before: General Member SF Smith File Number(s): MV 14/29646