Rizk v Stowers [2020] NSWCATAP 38

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rizk v Stowers [2020] NSWCATAP 38 Hearing dates: 6 February 2020 Date of orders: 09 March 2020 Decision date: 09 March 2020 Jurisdiction: Appeal Panel Before: The Hon F Marks, Principal Member M Gracie, Senior Member Decision: (1) We grant leave to appeal (2) The appeal is upheld (3) The orders made on 14 November 2019 are set aside (4) The whole of the proceedings are to be reconsidered by the Tribunal with such further evidence as may be adduced by either party at the discretion of the Tribunal. Catchwords: Appeal Proceedings; leave to appeal; exercise of discretion to refuse adjournment and refuse leave to rely on evidence not filed in accordance with directions; no demonstrated prejudice; discretion miscarried because of incorrect information given by one party; substantial miscarriage of justice; decision not fair and equitable; remit to Tribunal for reconsideration; costs in the cause Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Yong v Antworks Pty Ltd [2016] NSWCATAP 14 Texts Cited: None cited Category: Principal judgment Parties: Victoria Rizk (Applicant) Manal Rizk (Applicant) Sui Stowers (Respondent) Vaeluaga Pasi (Respondent) Peter Pasi (Respondent) Vennah Faatonu (Respondent) Representation: Applicants (Self Represented)