Prenc v Stojcevski [2016] NSWCATAP 244

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Prenc v Stojcevski [2016] NSWCATAP 244 Hearing dates: 19 October 2016 Date of orders: 11 November 2016 Decision date: 11 November 2016 Jurisdiction: Appeal Panel Before: Wright J, President C Fougere, Principal Member Decision: 1. The name of the appellant is amended to Anna Prenc. 2. Mr Philip Prenc has leave to represent the appellant. 3. Leave to appeal is refused. 4. The Appeal is dismissed. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL - appeal from consent orders made by the Consumer and Commercial Division - whether Tribunal complied with s 59 of the Civil and Administrative Tribunal Act 2013 when making orders to give effect to an agreed settlement - whether there are any other grounds on which consent orders should be set aside Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Blomley v Ryan (1956) 99 CLR 362; [1956] HCA 81 Byrnes v Kendle (2011) 243 CLR 253; [2011] HCA 26 Collins v Urban [2014] NSWCATAP 17 Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447; [1983] HCA 14 Harvey v Phillips (1956) 95 CLR 234; [1956] HCA 27 Kakavas v Crown Melbourne Ltd (2013) 250 CLR 392; [2013] HCA 25 Loch v New South Wales Land and Housing Corporation [2014] NSWCATAP 110 Taheri v Vitek (2014) 87 NSWLR 403; [2014] NSWCA 209 Taylor v Johnson (1983) 151 CLR 422; [1983] HCA 5 Category: Principal judgment Parties: Anna Prenc (appellant) L Stojcevski (respondent) Representation: Philip Prenc, by leave for the appellant. Stephen Murabito, agent, by leave for the respondent. File Number(s): AP 16/32010 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 28 June 2016 Before: C Campbell File Number(s): RT 16/21679