NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Saeedi v Fisher & Paykel Appliances Pty Ltd [2016] NSWCATAP 235 Hearing dates: 17 May 2016 Date of orders: 01 November 2016 Decision date: 01 November 2016 Jurisdiction: Appeal Panel Before: A Britton, Principal Member P Molony, Senior Member Decision: (1) Leave to appeal is refused. (2) Appeal is dismissed. Catchwords: APPEAL — Civil and Administrative Tribunal (NSW) — Consumer and Commercial Division — whether finding about causation was "against the weight of evidence" — whether decision was not fair and equitable — whether significant new evidence has arisen
PROCEDURAL FAIRNESS — bias — actual bias —onus to establish actual bias
EVIDENCE — whether finding about causation was "against the weight of evidence" — approach to drawing permissible inferences from the available material Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Caswell v Powell Duffryn Associated Collieries Ltd [1940] AC 152 Collins v Urban [2014] NSWCATAP 17 George Papazachariou v Michael Antoun [2015] NSWCATAP 157 Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 Khan v Kang [2014] NSWCATAP 48 Khashashneh v Travel Compensation Fund [2015] NSWCATAP 142 Minister for Immigration & Multicultural Affairs v Jia Legeng (2001) [2001] HCA 17; 205 CLR 507 Owners SP 76269 v Draybi Bros Pty Ltd [2014] NSWCATAP 29 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Seltsam Pty Limited v McGuiness; James Hardie & Coy Pty Limited v McGuiness [2000] NSWCA 29 South Western Sydney Area Health Services v Edmonds [2007] NSWCA 16 Category: Principal judgment Parties: Habib Saeedi (Appellant) Fisher & Paykel Appliances Pty Ltd (Respondent) Representation: Appellant (in person) Respondent (M Deves) File Number(s): AP 16/12065 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 23 Februray 2016 Before: S De Jersey, member File Number(s): GEN 16/05273
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate