Hayek v DockPro Pty Ltd [2018] NSWCATAP 290

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hayek v DockPro Pty Ltd [2018] NSWCATAP 290 Hearing dates: 15 November 2018 Date of orders: 30 November 2018 Decision date: 30 November 2018 Jurisdiction: Appeal Panel Before: The Hon F Marks Principal Member D Goldstein Senior Member Decision: (1) leave to appeal is granted

(2) the appellant's appeal is upheld

(3) the respondent is to pay the appellant the sum of $24,000 within 21 days of this date

(4) the Tribunal notes the agreement reached between the parties that the respondent will not make any claim against the appellant for recovery of possession of the sea pen, and the appellant will not make any claim against the respondent seeking the removal of the sea pen from his property. Catchwords: Appeal – contract for purchase of sea pen – conflicting evidence by appellant and respondent as to contractual terms – finding at first instance that evidence of respondent to be preferred – held in circumstances where the respondent fails to call evidence from the person with whom the appellant was dealing leads to conclusion that appellant's evidence is to be preferred – decision against the weight of the evidence – leave to appeal granted – appeal upheld – consequential orders made . Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Gersbach v Gersbach [2018] NSWSC 1685 Watson v Foxman (1995) 49 NSW LR 315 Category: Principal judgment Parties: Saif Hayek (Appellant) DockPro Pty Ltd (Respondent Representation: Parties self represented File Number(s): AP 18/35637 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: n/a Date of Decision: 8 August, 2018 Before: C Campbell Member File Number(s): GEN 18/20543