Ikimdzhieva t/as C & L Upholstery Services v Fudala [2017] NSWCATAP 196

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ikimdzhieva t/as C & L Upholstery Services v Fudala [2017] NSWCATAP 196 Hearing dates: 04 September 2017 Date of orders: 29 September 2017 Decision date: 29 September 2017 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member F Corsaro SC, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. Catchwords: APPEAL – denial of procedural fairness - bias - New evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 Fair Trading Act 1987 Australian Consumer Law Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Johnson v Johnson (2000) 201 CLR 488 Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70; [1990] HCA 31 Leisure Brothers Pty Ltd v Smith [2017] NSWCATAP 11 Michael Wilson & Partners v Nicholls (2011) 244 CLR 427; [2011] HCA 48 Owners - SP 76269 v Draybi Bros Pty Ltd [2014] NSWCATAP 29 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: Judicial Review of Administrative Action and Government Liability (6th ed) 2017 Thomson Reuters Category: Principal judgment Parties: Diana Ikimdzhieva t/as C & L Upholstery Services (Appellant) Sofia Fudala (Respondent) Representation: C Tsakmakis (Appellant) Self-represented (Respondent) File Number(s): AP 17/27047 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 26 May 2017 Before: J Ringrose, General Member File Number(s): GEN 16/52681