Waters v Silva Portfolios Pty Ltd t/as Ballina Waterfront Village and Tourist Park [2020] NSWCATAP 60

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Waters v Silva Portfolios Pty Ltd t/as Ballina Waterfront Village and Tourist Park [2020] NSWCATAP 60 Hearing dates: 5 December 2019 Date of orders: 17 April 2020 Decision date: 17 April 2020 Jurisdiction: Appeal Panel Before: S Higgins, Senior Member D Charles, Senior Member Decision: (1) The appellant's application to rely on fresh evidence is refused. (2) The appellant's application for leave to appeal is refused. (3) The appeal is dismissed. Catchwords: APPEALS – appeal on a question of law – procedural fairness – bias – actual bias – apprehended bias – whether Tribunal failed to apply the applicable law

APPEALS – leave to rely on fresh evidence

APPEALS – leave to appeal – whether the decision not fair and equitable and against the weight of evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Residential (Land Leases) Communities Act 2013 (NSW) Residential Parks Act 1998 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 SBBA v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 90 Wootten v Godfrey [2019] NSWCATAP 255 Texts Cited: None cited Category: Principal judgment Parties: Susan Waters (Appellant) Silva Portfolios Pty Ltd t/as Ballina Waterfront Village and Tourist Park (Respondent) Representation: Solicitors: Appellant (Self Represented) T Burke (Agent) (Respondent) File Number(s): AP 19/41373 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 22 August 2019 Before: W Priestley, Tribunal Member File Number(s): RC 19/29644