Kirzner v Jetmaster Fireplaces Aust Pty Ltd [2021] NSWCATAP 255

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kirzner v Jetmaster Fireplaces Aust Pty Ltd [2021] NSWCATAP 255 Hearing dates: 17 May 2021 Date of orders: 30 August 2021 Decision date: 30 August 2021 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member P H Molony, Senior Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. Catchwords: APPEAL - From finding of fact — Credibility of witnesses – weight to be given to expert report - Procedural fairness — reasonable opportunity to be heard – Leave to appeal – decision fair and equitable – decision not against the weight of the evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 South Western Sydney Area Health Service v Edmonds [2007] NSWCA 16 Texts Cited: Message from the President of NCAT, 16 December 2020 - Coronavirus (COVID19) Category: Principal judgment Parties: Alex Kirzner (Appellant) Jetmaster Fireplaces Aust Pty Ltd (First Respondent) Sydney Basin Plumbing Pty Ltd (Second Respondent) Representation: Appellant (Self-represented) Mr Belnick (Agent) (First Respondent) Mr Brownlow (Agent) (Second Respondent) File Number(s): 2021/00059225 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 5 February 2021 Before: P Briggs, General Member File Number(s): HB 20/43223