Kang v Khan [2015] NSWCATAP 156

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kang v Khan [2015] NSWCATAP 156 Hearing dates: 23 April 2015 Date of orders: 30 July 2015 Decision date: 30 July 2015 Jurisdiction: Appeal Panel Before: P Wass SC, Senior Member K Rosser, Senior Member Decision: 1. The application for leave to appeal is dismissed. 2. The appeal is otherwise dismissed. Catchwords: Appeal - Whether decision not fair and equitable; whether new evidence was not reasonably available at time of the hearing; whether denial of procedural fairness Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Khan v Kang [2014] NSWCATAP 48 Collins v Urban [2014] NSWCATAP 17 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Annetts v McCann [1990] HCA 57; (1990) 170 CLR 596; 97 ALR 177; (1990) 65 ALJR 167; 21 ALD 651 Kioa and Ors v West [1985] HCA 81; (1985) 159 CLR 550; (1985) 62 ALR 321; (1986) 60 ALJR 113; 9 ALN N28 Texts Cited: Nil Category: Principal judgment Parties: Shinwoo Kang and Sung Ju Lee – Appellants Nazmul Nisha Khan - Respondent Representation: Parties self-represented File Number(s): AP 14/60570 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 9 December 2014 Before: D Goldstein, Senior Member File Number(s): HB 14/09386