Garside v Carroll [2019] NSWCATAP 4

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Garside v Carroll [2019] NSWCATAP 4 Hearing dates: 19 November 2018 Date of orders: 02 January 2019 Decision date: 02 January 2019 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member J Lucy, Senior Member Decision: (1) By consent, leave is given to the appellants to amend the Notice of Appeal in accordance with the document filed 6 September 2018. (2) The application to adduce fresh evidence is refused. (3) The application for leave to appeal is refused and the appeal is dismissed. (4) The appellants are to pay the respondents costs as agreed or assessed on an ordinary basis. Catchwords: PRACTICE AND PROCEDURE – Leave to appeal – substantial delay – inadequate explanation of delay – no substantial prospects of success – fresh evidence – evidence reasonably available at time or original hearing.

EVIDENCE – dismissal of claim as evidence inadequate

CONTRACTS – finding of repudiation – no basis to set aside. Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Samimi v Sayedabadi; Seyedabadi v Samimi [2013] NSWCA 279 Thompson v Chapman [2016] NSWCATAP 6 Texts Cited: Nil Category: Principal judgment Parties: Christopher Garside (First Appellant) Hang Thanh Thi Pham (Second Appellant) Damien Carroll (Respondent) Representation: Counsel: A Gandar (Appellant) S Hallahan (Respondent)