Abdel-Messih v Lobo [2016] NSWCATAP 143

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Abdel-Messih v Lobo [2016] NSWCATAP 143 Hearing dates: 3 June 2016 Date of orders: 28 June 2016 Decision date: 28 June 2016 Jurisdiction: Appeal Panel Before: D Cowdroy ADCJ, Principal Member R Titterton, Senior Member Decision: Leave to appeal granted Appeal dismissed Catchwords: APPEAL from a decision of the Consumer and Commercial Division of the Civil and Administrative Tribunal – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 Evidence Act (1995) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Diago Lobo v Abdel-Messih [2016] NSWCATCD 14 R v The War Pensions Entitlement Appeals Tribunal; Ex parte Bott [1933] HCA 30 Texts Cited: Aronson and Groves, Judicial Review of Administrative Action (5th Ed) Category: Principal judgment Parties: Bishoy Abdel-Messih (Appellant) Natasha Diago Lobo (Respondent) File Number(s): AP 16/12859 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2016] NSWCATCD 14 Date of Decision: 24 February 2016 Before: K Rosser, Senior Member File Number(s): RT 15/60138

REASONS FOR DECISION 1. This is an application for leave to appeal from a decision of the Consumer and Commercial Division of the Civil and Administrative Tribunal (the Tribunal) of 24 February 2016: Diago Lobo v Abdel-Messih [2016] NSWCATCD 14. 2. In that decision, the Tribunal ordered the present appellant to immediately pay the present respondent the sum of $3,000.00 (the Decision). 3. For the reasons that follow, the Appeal Panel grants the appellant leave to appeal, but dismisses the appeal.