PlumbCorp Group Pty Ltd v Paras [2021] NSWCATAP 207

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: PlumbCorp Group Pty Ltd v Paras [2021] NSWCATAP 207 Hearing dates: 28 June 2021 Date of orders: 9 July 2021 Decision date: 09 July 2021 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President D Fairlie, Senior Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. Catchwords: APPEAL, whether expert evidence requires reference to the Experts Code of Conduct- leave to appeal, criteria for granting leave. Legislation Cited: Home Building Act, 1989 (NSW) Fair Trading Act, 1987 (NSW) Civil & Administrative Tribunal Act 2013 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Texts Cited: None cited Category: Principal judgment Parties: PlumbCorp Group Pty Ltd (Appellant) Paolo Paras (Respondent) Representation: Appellant (Self Represented) Respondent (Self Represented) File Number(s): 2021/00129936 Publication restriction: Nil Decision under appeal Court or tribunal: New South Wales Civil & Administrative Tribunal Jurisdiction: Consumer & Commercial Division Citation: Not applicable Date of Decision: 13 April 2021 Before: G Meadows (Senior Member) File Number(s): HB 20/51498

REASONS FOR DECISION

Background 1. This is an appeal from a decision (the Decision) made in the Consumer & Commercial Division of the Tribunal. Orders to the following effect were made: 1. PlumbCorp (now the Appellant) is to pay P Paras (now the Respondent) the sum of $7,057.33. 2. The sum of $2,249.77 is not due and owing by P Paras to the Appellant. The Appellant appeals both orders. 1. Briefly, the facts giving rise to the dispute between the parties were that the Appellant provided plumbing services to the Respondent in October 2020. The Respondent paid the first invoice (being the amount the subject of order (1) above) and disputed the obligation to pay the second invoice (the amount referred to in order (2) above). 2. The written record of the Decision is brief and, apart from recording the orders, stated that the Tribunal had jurisdiction to determine the dispute under the Home Building Act, 1989 (NSW) (the HB Act) and also under part 6A of the Fair Trading Act 1987 NSW (the FT Act). Beneath order 1 the Tribunal recorded apparently as a reason for that order: "Refund of money paid for unnecessary plumbing work". The record also stated that detailed oral reasons were provided at the conclusion of the hearing. 3. When the appeal came before the Tribunal at a call-over on 14 May 2021 the Tribunal made directions for the parties to file and serve evidence and submissions in support of and in opposition to the appeal. One of the directions stated that the Appellant "must provide a typed copy of the oral reasons, failing which the appeal may be dismissed". The Appellant has not done so, but has provided a USB stick enabling us to listen to the hearing (which had been recorded), including the reasons given orally. Had we been of the opinion that the Appellant's failure to provide a typed copy of the oral reasons caused prejudice to the Respondent in relation to the appeal, we would have considered whether the appeal should have been dismissed. However, in circumstances where we have not determined that the Respondent has been prejudiced and we have been able to consider the appeal by reference to listening to the sound recording and the other material provided, we do not intend to dismiss the appeal because of non compliance with the direction to provide a written copy of the reasons.