Hong v Wentworth Management Services (NSW) Pty Ltd [2017] NSWCATAP 154

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hong v Wentworth Management Services (NSW) Pty Ltd [2017] NSWCATAP 154 Hearing dates: 13 April 2016 Date of orders: 20 July 2017 Decision date: 20 July 2017 Jurisdiction: Appeal Panel Before: C Fougere, Principal Member R Titterton, Senior Member Decision: (1) Appeal dismissed. Catchwords: Managing Agency Agreement – breach of Agreement – whether Tribunal erred in finding that oral terms not incorporated into Agreement – error of law – inadequate reasons – no remittal - failure at first instance to establish loss – leave to appeal declined Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) ss 4, 32(4), 80, 80(2)(b), 81 Cases Cited: Building Professionals Board v Hans [2008] NSWADTAP 13 Collins v Urban [2014] NSWCATAP 17Building Professionals Board v Hans [2008] NSWADTAP 13 Holley v Evatt [2014] NSWCATAP 72 McClenahan v Owners Corporation SP69904 [2017] NSWCATAP 112 Moloney v Collins [2011] NSWSC 628 Nancarrow v Donvito [2017] NSWCATAP 97 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 QP v RP [2014] NSWCATAP 59 ZCK v NSW Trustee and Guardian [2016] NSWCATAP 200 Category: Principal judgment Parties: David Hong (Appellant) Wentworth Management Services (NSW) Pty Ltd (Respondent) Representation: In Person (Appellant) S Lightwood (Respondent) File Number(s): AP 17/01860 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 23 December 2016 Before: S Thode, Senior Member File Number(s): GEN 16/46008