Abdel-Messih v Wang [2018] NSWCATAP 130

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Abdel-Messih v Wang [2018] NSWCATAP 130 Hearing dates: 9 June 2017 Date of orders: 28 May 2018 Decision date: 28 May 2018 Jurisdiction: Appeal Panel Before: M Craig QC, ADCJ, Principal Member D Goldstein, Senior Member Decision: (1) Pursuant to s 41 of the Civil and Administrative Tribunal Act 2013, extend time to appeal to 20 March 2017. (2) To the extent required, leave to appeal is refused. (3) Otherwise, the appeal is dismissed. Catchwords: ADMINISTRATIVE LAW – Civil and Administrative Tribunal – appeal – question of law – identification of error – challenge to findings fact based on evidence newly introduced – evidence reasonably available at hearing below – no substantial miscarriage of justice Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Civil Liability Act 2002 Residential Tenancies Act 2010 Residential Tenancies Regulation 2010 Cases Cited: Abdel-Messih v Dai [2017] NSWCATAP 20 Abdel-Messih v Marshall (NSWCATCD, 19 January 2017, unreported) Collins v Urban [2014] NSWCATAP 17 House v The King (1936) 35 CLR 499 Prendergast v Western Murray Irrigation [2014] NSWCATAP 69 Tomko v Palasty (No.2) (2007) 71 NSWLR 61; [2007] NSWCA 369 Tralee Technology Holdings Pty Limited v Yun Chen [2015] NSWSC 1259 Texts Cited: - Category: Principal judgment Parties: Bishoy Abdel-Messih (Appellant) Ledong Wang (Respondent Representation: Appellant in person S Lee, Solicitor (Respondent) File Number(s): AP17/11854 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: - Date of Decision: 22 February 2017 Before: M Eftimiou, General Member File Number(s): RT16/42344 RT16/44922 RT16/39468