Perfax Builders Pty Ltd v Narain [2020] NSWCATAP 252

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Perfax Builders Pty Ltd v Narain [2020] NSWCATAP 252 Hearing dates: 10 November 2020 Date of orders: 27 November 2020 Decision date: 27 November 2020 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member K Ransome, Senior Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. (3) The stay order made on 3 September 2020 in matter HB 19/35235 is lifted. (4) The time for compliance with order 1 made on 23 July 2020 in matter HB 19/35235 is extended to 24 December 2020. Catchwords: APPEAL – building claim – decision said to be against the weight of the evidence – evidence excluded by Member sought to be relied upon on appeal – no substantial miscarriage of justice – leave to appeal refused Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: Al-Daouk v Mr Pine Pty Ltd [2015] NSWCATAP 111 Calin v Greater Union Organisation Pty Ltd (1991) 173 CLR 33; [1991] HCA 23 Collins v Urban [2014] NSWCATAP 17 Category: Principal judgment Parties: Perfax Builders Pty Ltd (Appellant) Vanita Narain (Respondent) Representation: Appellant (Mr H Janicky) Respondent (Self-Represented) File Number(s): AP 20/35562 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 23 July 2020 Before: J A Ringrose, Member File Number(s): HB 19/35235