Abdel-Messih v Marshall [2018] NSWSC 648

Supreme Court New South Wales

Medium Neutral Citation: Abdel-Messih v Marshall [2018] NSWSC 648 Hearing dates: 29 September 2017 Date of orders: 11 May 2018 Decision date: 11 May 2018 Jurisdiction: Common Law Before: Walton J Decision: (1) The summons filed 19 July 2017 is dismissed.

(2) Costs are reserved. Catchwords: APPEAL – civil – appeal from the NSW Civil and Administrative Tribunal Appeal Panel – s 83 of the Civil and Administrative Tribunal Act 2013 – s 69 of the Supreme Court Act 1970 – principles governing grant of leave to appeal – discretion of the Tribunal pursuant to s 107 of the Residential Tenancies Act 2010 – construction of s 107 of the Residential Tenancies Act 2010 – whether questions of law were raised as to the miscarrying of a discretion under s 107 of the Residential Tenancies Act 2010 – procedural fairness in Appeal Panel proceedings – jurisdiction of Appeal Panel to make an order for payment of a bond – contention of bias of Appeal Panel – whether Appeal Panel should have issued certificate pursuant to s 128 of the Evidence Act 1995 – leave to appeal granted – incompetent grounds – leave to appeal refused – no error of law –summons dismissed – costs reserved Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Supreme Court Act 1970 (NSW) Residential Tenancies Act 2010 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Evidence Act 1995 (NSW) Cases Cited: Abdel-Messih v Marshall [2017] NSWCATAP 136 Altaranesi v Sydney Local Health District [2012] NSWCA 69 Attia v Health Care Complaints Commission [2017] NSWSC 1066 Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Bronze Wing International Pty Ltd v Safe Work NSW [2017] NSWCA 41 Cain v New South Wales Land and Housing Corporation (2014) 86 NSWLR 1 Gan v Shop 3, 228-230 Hanvaylee Parade Kensington Pty Ltd [2017] NSWSC 1322 House v King (1936) 55 CLR 499 K & S Lake City Freighters Pty Ltd v Gordon & Gotch Ltd (1985) 157 CLR 309 Macdonald v Macdonald [2017] NSWSC 809 Nominal Defendant v Saleh [2011] NSWCA 16 Taylor v Public Service Board (1976) 137 CLR 208 Wende v Horwarth (No 2) (2015) 91 NSWLR 588 Zelden v Sewell; Henamast Pty Ltd v Sewell [2011] NSWCA 56 Category: Principal judgment Parties: Bishoy Abdel-Messih (plaintiff) Simon Arthur Marshall (defendant) Representation: Solicitors: Public Interest Advocacy Centre (defendant) File Number(s): 2017/219924 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Appeal Panel Citation: [2017] NSWCATAP 136 Date of Decision: 21 June 2017 Before: S Westgarth, Deputy PresidentR Titteron, Senior Member File Number(s): AP 17/05534