Zheng v Kim [2019] NSWCATAP 285

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zheng v Kim [2019] NSWCATAP 285 Hearing dates: 14 August 2019 Date of orders: 29 November 2019 Decision date: 29 November 2019 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member L Wilson, Senior Member Decision: The appeal is dismissed. Catchwords: CIVIL PROCEDURE – hearings – adjournment – exercise of discretion – proper test for insufficient weight given to a relevant matter – proper test for plainly unreasonable or unjust – no point of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36(1), 36(4), 38(5)(c) Civil and Administrative Tribunal Rules 2014 (NSW), rr 6(2), 25(4)(b) Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Australian Health Nutrition Association Ltd v Hive Marketing Group Pty Ltd (2019) NSWCA 61 Micallef v ICI Australia Operations Pty Ltd & Anor [2001] NSWCA 274 Category: Principal judgment Parties: Li Zheng (Appellant) Youngmin Kim (Respondent) Representation: Solicitors: Appellant (Self Represented) Respondent (Self Represented) File Number(s): AP 19/19326 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 April 2019 Before: C Campbell, General Member File Number(s): RT 18/53518