Thiessen v Poolsurf QLD Pty Ltd [2015] NSWCATAP 250

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Thiessen v Poolsurf QLD Pty Ltd [2015] NSWCATAP 250 Hearing dates: 2 November 2015 Date of orders: 25 November 2015 Decision date: 25 November 2015 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President S Thode, Senior Member Decision: (1) Leave to appeal granted.

(2) Appeal upheld.

(3) The orders made on 10 July 2015 in applications HB 15/03370 and HB 15/10573 are set aside.

(4) Applications HB 15/03370 and HB 15/10573 are remitted for rehearing.

(5) The parties are at liberty to file and serve further evidence (in addition to the evidence previously filed and served) subject to complying with directions made on the remittal. Catchwords: Leave to appeal – decision not fair and equitable – against the weight of the evidence. Legislation Cited: Civil and Administrative Tribunal Act NSW 2013 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Texts Cited: Nil Category: Principal judgment Parties: Thiessen (Appellant) Poolsurf QLD Pty Ltd (Respondent) Representation: Appellant: self-represented Respondent: G Burton (Director) File Number(s): AP 15/46800 Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 10 July 2015 Before: K Holwell, General Member File Number(s): HB 15/03370 and HB 15/10573