Cynthia Jian Er Huang t/as Auchland and Co v Younes [2019] NSWCATAP 153

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cynthia Jian Er Huang t/as Auchland and Co v Younes [2019] NSWCATAP 153 Hearing dates: 8 May 2019 Date of orders: 19 June 2019 Decision date: 19 June 2019 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member L Wilson, Senior Member Decision: (1) The appeal is allowed. (2) That the monies held by the Registrar in matter number GEN18/43740 be distributed as follows: (i) As to $519.73 – to the Respondent, Bassem Bou Younes; (ii) As to the balance – to the Appellant. Catchwords: PROCEDURAL FAIRNESS – where applicant lodged incorrect form in the Tribunal

EVIDENCE – whether the Tribunal acted on no evidence – legal reasonableness of decision Legislation Cited: Australian Consumer Law (NSW), s 60 Civil and Administrative Tribunal Act 2013 (NSW), ss 36(1), 38(4), 60(2), 80(2)(b), 81(1)(d) Civil Liability Act 2002 (NSW), Div 6 of Pt 1A Conveyancer's Licensing Act 2003 (NSW) Fair Trading Act 1987 (NSW), ss 79(D)–(E), 79(G), 79L, 79N(a) Cases Cited: Clark v Macourt (2013) 304 ALR 220 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Wells v Mottram [2017] NSWCATAP 42 Category: Principal judgment Parties: Cynthia Jian Er Huang (Appellant) Bassem Bou Younes (Respondent) Representation: Solicitors: Mr Ma (Appellant) B Younes (Self Represented)(Respondent) File Number(s): AP19/11325 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 11 February 2019 Before: C Marzilli, General Member File Number(s): GEN 18/43740