Sarbandi v Sharif

[2017] ACAT 57

ACT CIVIL & ADMINISTRATIVE TRIBUNAL

SARBANDI v SHARIF (Appeal) [2017] ACAT 57

AA 7/2017 (XD 1317/2016)

Catchwords:              APPEAL – civil dispute – appeal against decision of original Tribunal to award sum for unpaid work and a cash loan – no documentation of payments or loan – decision based primarily on credit of witnesses – whether evidence of prior consistent statements admissible in hearing before Tribunal – Tribunal may inform itself as appropriate in the circumstances – Tribunal need not comply with rules of evidence – role of appeal Tribunal when original Tribunal decided case on assessment of witnesses – whether phone text messages support findings of Tribunal

Legislation cited:      ACT Civil and Administrative Tribunal Act 2008 ss 7, 8, 26, 82
Administrative Appeals Tribunal Act 1975 (Cth) s 33

Cases cited:Casey v Repatriation Commission (1995) 60 FCR 510

Corke v Corke and Cook [1958] P 93

Minister for Immigration andMulticultural Affairs v Eshetu [1999] HCA 21

Sullivan v Civil Aviation Safety Authority [2014] FCAFC 93

Re Tarrant and Australian Securities and Investments Commission [2013] AATA 926

List of

Texts/Papers cited:   J D Heydon AC, Lexis Nexis, Cross on Evidence (at 3 August 2017)

Hon Justice Duncan Kerr, “Keeping the AAT from becoming a court”, paper delivered to AIAL (NSW) Seminar, 27 August 2013

Tribunal:                   President G Neate AM

Date of Orders:  4 August 2017

Date of Reasons for Decision:         4 August 2017

AUSTRALIAN CAPITAL TERRITORY  )

CIVIL & ADMINISTRATIVE TRIBUNAL       )  AA 7/2017

(XD 1317/2016)

BETWEEN:

AMIR SARBANDI

Appellant

AND:

ALI TOFIGH SHARIF

Respondent

TRIBUNAL:President G Neate AM

DATE:4 August 2017

ORDER

The Tribunal orders that:

1.The appeal is dismissed.

2.Mr Sarbandi is to pay Mr Sharif the sum of $2,000.00 within 28 days of the date of these orders.

………………………………..

President G Neate AM

REASONS FOR DECISION

Introduction

1.Amir Sarbandi has appealed against orders made by the ACT Civil and Administrative Tribunal (the original Tribunal) on 2 February 2017 that he pay Ali Sharif the sum of $2,000.00 within 28 days of the date of the orders.

2.In his application for appeal filed in the Tribunal registry on 27 February 2017, Mr Sarbandi stated the following reasons for appeal:

I do not owe Mr Ali Tofigh Sharif any money and He could not have any evidence for any money is owed to him as he is claming and I am shoked by the desision mad on 2-2-17 for to pay Him the money. I realy want to review this matter again and do the right thing please. (Errors in original)

3.Mr Sarbandi asked that the order be set aside “for now till this matter be hear[d] again.”

4.At a directions hearing on 7 March 2017, the appeal Tribunal made procedural orders for the hearing of the appeal on 20 April 2017. Those Orders were varied on 13 March 2017 to change the dates. The date for the hearing was varied to accommodate Mr Sarbandi’s overseas travel.

5.The orders were to the effect that:

(a)the…