Lettau v Artwork Transport Pty Ltd [2017] NSWCATAP 14

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lettau v Artwork Transport Pty Ltd [2017] NSWCATAP 14 Hearing dates: 29 November 2016 Date of orders: 31 January 2017 Decision date: 31 January 2017 Jurisdiction: Appeal Panel Before: A P Coleman SC, Senior Member D Fairlie, Senior Member Decision: (1) The appeal is dismissed. (2) The order made by the Tribunal on 5 August 2016 is confirmed. Catchwords: BAILMENT: onus of proof; APPEAL: whether Tribunal applied correct onus, standard of proof; EVIDENCE: new evidence on appeal not allowed. Legislation Cited: Civil and Administrative Tribunal Act (NSW) 2013 Cases Cited: Hobbs v Petersham Transport Co Pty Ltd (1971) 124 CLR 220 Larsen v Grace Worldwide (Australia) Pty Ltd [No 2] [2015] NSWSC 1224 Larsen v Grace Worldwide (Australia) Pty Ltd [2016] NSWCA 251 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Yuen v Thom [2016] NSWCATAP 243 Category: Principal judgment Parties: Karin Lettau (Appellant) Artwork Transport Pty Ltd (Respondent) Representation: Mr P Lettau (with leave) (Appellant) Mr Hodgson (with leave) (Respondent) File Number(s): AP 16/39461 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer & Commercial Division Date of Decision: 5 August 2016 Before: S Hanstein, Member File Number(s): GEN 16/16406