Akter as the Executor of the Estate of the late AKM Shamsuzzaman v Keane [2019] NSWCATAP 15

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Akter as the Executor of the Estate of the late AKM Shamsuzzaman v Keane [2019] NSWCATAP 15 Hearing dates: 21 November 2018 Date of orders: 09 January 2019 Decision date: 09 January 2019 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member A Boxall, Senior Member Decision: (1) The name of the applicant in proceedings GEN 18/13954 is amended to Rabeya Akter as the Executor of the Estate of the late AKM Shamsuzzaman. (2) The name of the respondent in proceedings GEN 18/13954 is amended to Patrick Keane. (3) The orders made on 29 August 2018 in application GEN 18/13954 set aside and in lieu thereof the following order is made: "1. The respondent, Patrick Keane is to pay Rabeya Akter as the Executor of the Estate of the late AKM Shamsuzzaman the sum of $16,652.11, immediately." Catchwords: APPEAL – Leave to appeal – Reconciliation of contract payments – Evaluation of evidence 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 Texts Cited: Nil Category: Principal judgment Parties: Rabeya Akter as the Executor of the Estate of the late AKM Shamsuzzaman (Appellant) Patrick Keane t/as Enter Projects Pty Ltd (Respondent) Representation: A Zaman (With Leave) (Appellant) P Keane (Self Represented) (Respondent) File Number(s): AP 18/39514 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 29 August 2008 Before: G Meadows, Senior Member File Number(s): GEN 18/13954