Shielsar v Aghabekian [2021] NSWCATAP 336

Shielsar v Aghabekian [2021] NSWCATAP 336

Because Art & Brush Painting Pty Ltd had been deregistered before the Tribunal proceeding commenced, it was incapable of being a party. The naming of the deregistered company was an obvious error that could be corrected under s 63 of the Civil and Administrative Tribunal Act 2013 (NSW), and the Appeal Panel could exercise that power under s 81(2). Substituting Mr Shielsar caused no injustice because he was the true contracting party, participated in the hearing, consented to substitution, and understood the consequence of personal liability if the appeal failed. The procedural fairness complaints were not established by the sound recording or evidence. The leave grounds were also not...

Jurisdiction
Australia
Judgment Date
29 October 2021
Procedural Posture
Internal Appeal From a Decision of the Consumer and Commercial Division of the Civil and Administrative Tribunal of New South Wales / Appeal Panel Decision
Outcome
Time to appeal extended; party names and the order below amended to substitute Reza Shielsar for Art & Brush Pty Ltd; leave to appeal refused; appeal otherwise dismissed.
Legal Topics
['power to Correct Errors in Tribunal Decisions' 'substitution of Party Where Company Deregistered' 'internal Appeal on a Question of Law' 'leave to Appeal' 'procedural Fairness' 'weight of Evidence' 'significant New Evidence' 'australian Consumer Law Guarantee of Due Care and Skill']
['practice and Procedure' 'appeals' 'consumer Law' 'corporations'] ['power to Correct Errors in Tribunal Decisions' 'substitution of Party Where Company Deregistered' 'internal Appeal on a Question of Law' 'leave to Appeal' 'procedural Fairness' 'weight of Evidence' 'significant New Evidence' 'australian Consumer Law Guarantee of Due Care and Skill']

Case Brief

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Procedural Posture

Internal Appeal From a Decision of the Consumer and Commercial Division of the Civil and Administrative Tribunal of New South Wales / Appeal Panel Decision

Legal Issues

  1. 1 ['What was the effect of the deregistration of Art & Brush Painting Pty Ltd before the Tribunal proceeding commenced.' 'Whether Reza Shielsar should replace the deregistered company as a party to the proceedings below, the appeal, and the 30 June 2021 order.' 'Whether the Tribunal denied Mr Shielsar procedural fairness so as to involve an error of law.' 'Whether leave to appeal should be granted on the basis that Mr Shielsar may have suffered a substantial miscarriage of justice because the decision was not fair and equitable, was against the weight of evidence, or significant new evidence had arisen.']

Ratio Decidendi

Because Art & Brush Painting Pty Ltd had been deregistered before the Tribunal proceeding commenced, it was incapable of being a party. The naming of the deregistered company was an obvious error that could be corrected under s 63 of the Civil and Administrative Tribunal Act 2013 (NSW), and the Appeal Panel could exercise that power under s 81(2). Substituting Mr Shielsar caused no injustice because he was the true contracting party, participated in the hearing, consented to substitution, and understood the consequence of personal liability if the appeal failed. The procedural fairness complaints were not established by the sound recording or evidence. The leave grounds were also not...

Court Disposition

Time to appeal extended; party names and the order below amended to substitute Reza Shielsar for Art & Brush Pty Ltd; leave to appeal refused; appeal otherwise dismissed.

Orders

  • ['The name of the respondent in proceeding HB 21/07423 is amended to "Reza Shielsar".' 'The order made by the Tribunal in proceeding HB 21/07423 on 30 June 2021 is amended by the removal of the words "Art & Brush Pty Ltd" and by the insertion in substitution therefor the words "Reza Shielsar".' 'The name of the...