Gussoni v Burnheim [2018] NSWCATAP 75

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gussoni v Burnheim [2018] NSWCATAP 75 Hearing dates: 13 March 2018 Date of orders: 29 March 2018 Decision date: 29 March 2018 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member G Sarginson, Senior Member Decision: (1) Appeal upheld.

(2) The decision of the Tribunal below is set aside.

(3) The matter is to be remitted to the Tribunal to be determined according to law.

(4) Each party is to pay her and their own costs of the appeal. Catchwords: APPEAL AND NEW TRIAL – new trial – denial of natural justice and procedural fairness – important evidence not referred to – adequacy of reasons. Legislation Cited: Civil and Administrative Tribunal Act (No 2) 2013 (NSW) – ss 38(4), 60, clause 10(2) of Schedule 4 Civil and Administrative Tribunal Rules 2014 (NSW), rr 13(3)(a), 38A Cases Cited: Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Day v Harness Racing NSW [2014] NSWCA 423; (2014) 88 NSWLR 594 Mifsud v Campbell (1991) 21 NSWLR 725 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex Parte Lam [2003] HCA 6; (2003) 214 CLR 1 Singapore Airlines Cargo Pte Limited v Principle International Pty Ltd (No 2) [2017] NSWCA 340 Soulmezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Texts Cited: NA Category: Principal judgment Parties: Mariella Gussoni (Appellant) Susan Burnheim (First Respondent) Kate Burnheim (Second Respondent) Representation: Appellant (in person) Respondents (in person) File Number(s): AP 18 / 00280 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 16 November 2017 Before: A Suthers, General Member File Number(s): GEN 17 / 40349