Awad v 316 Plumbing Pty Ltd [2021] NSWCATAP 260

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Awad v 316 Plumbing Pty Ltd [2021] NSWCATAP 260 Hearing dates: 30 August 2021 Date of orders: 03 September 2021 Decision date: 03 September 2021 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member S Goodman SC, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is otherwise dismissed. Catchwords: APPEALS – whether error of law – whether leave to appeal should be granted Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP Stead v State Government Insurance Commission (1986) 161 CLR 141; [1986] HCA 54 Category: Principal judgment Parties: Adnan Awad (Appellant) 316 Plumbing Pty Ltd (Respondent) Representation: Appellant - self-represented Mr L McGilvray - Respondent File Number(s): 2021/00180114 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 26 May 2021 Before: A Nightingale, Member File Number(s): HB 21/02108

REASONS FOR DECISION

Introduction 1. The appellant homeowner appeals, and seeks leave to appeal, from a decision of the Consumer and Commercial Division of the Tribunal dated 26 May 2021, in which the Tribunal ordered the respondent to pay to the appellant the sum of $1600, instead of the $4290 that the appellant had sought in his application to the Tribunal. 2. For the reasons set out below, the application for leave to appeal is refused and the appeal is otherwise dismissed.