Fam v Taha [2020] NSWCATAP 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fam v Taha [2020] NSWCATAP 3 Hearing dates: 9 December 2019 Date of orders: 10 January 2020 Decision date: 10 January 2020 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member P Molony, Senior Member Decision: (1) The appeal is allowed. (2) Order 2 made by the Tribunal on 26 September 2019 in proceedings GEN 19/26388 is set aside. (3) The proceedings are remitted to the Tribunal for rehearing, with new evidence allowed. (4) Highline Event Centre Pty Ltd is joined as a respondent in the remitted proceedings. Catchwords: APPEAL – Whether respondent correctly named – whether question of law – leave to appeal Legislation Cited: Australian Consumer Law (NSW) 2010 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Fair Trading Act 1987 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: None cited Category: Principal judgment Parties: David Fam ATF D2D Creations Trust (Appellant) Bilal Tana (First Respondent) Danya Darwiche (Second Respondent) Representation: Solicitors: Thompson Geer Solicitors (Appellant)

Respondents (Self Represented) File Number(s): AP 19/45292 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 26 September 2019 Before: S Bliim, General Member File Number(s): Gen 19/26388