Maciejak v Szekely [2018] NSWCATAP 305

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Maciejak v Szekely [2018] NSWCATAP 305 Hearing dates: 22 October 2018, 13 December 2018 Date of orders: 19 December 2018 Decision date: 19 December 2018 Jurisdiction: Appeal Panel Before: R C Titterton, Principal Member D A C Robertson, Senior Member Decision: 1. Leave to appeal on a ground other than a question of law is refused. 2. The appeal is dismissed. 3. The stay of order (1) in proceedings HB 17/48911 is revoked. Catchwords: APPEAL – Leave to appeal – decision against the weight of the evidence – no question of principle Legislation Cited: Civil and Administrative Tribunal Rules 2014 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Alliance Motor Auctions Pty Ltd v Saman [2018] NSWCATAP 137 Collins v Urban [2014] NSWCATAP 17 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Jerzy Maciejak, Appellant Marie Claire Szekely, Respondent Representation: Appellant: self-represented Respondent: self-represented File Number(s): AP 18/30620 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 5 June 2018 Before: T Simon, Senior Member File Number(s): HB 17/48911