Lommerse v Succar [2018] NSWCATAP 77

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lommerse v Succar [2018] NSWCATAP 77 Hearing dates: 13 March 2018 Date of orders: 13 March 2018 Decision date: 13 March 2018 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member G Sarginson, Senior Member Decision: 1. Appeal dismissed.

2. Each party to pay his and her own costs of the appeal. Catchwords: APPEAL – general principles – no appearance by appellant – dismissal

APPEAL – general principles - interference with discretion of tribunal below – no question of principle Legislation Cited: Civil and Administrative Tribunal Act (No 2) 2013 (NSW), s 55 Cases Cited: Bobolas v Waverley Council [2016] NSWCA 139 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Texts Cited: Nil Category: Principal judgment Parties: Paul Lommerse (Appellant) Louisa Succar (Respondent) Representation: Appellant (no appearance) Respondent (self-represented) File Number(s): AP 18/00792 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 16 November 2017 Before: M Eftimiou, General Member File Number(s): GEN 17/43878

REASONS FOR DECISION 1. This is an appeal from a decision of the Tribunal dated 16 November 2017 refusing to set aside an earlier decision of the Tribunal dated 12 October 2017. 2. On the day of the hearing of this appeal we ordered that the appeal be dismissed, and that each party was to pay his and her own costs of the appeal. We said we would subsequently deliver our reasons for those orders. These are those reasons.