Ly v Super Demolitions Pty Ltd [2021] NSWCATAP 276

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ly v Super Demolitions Pty Ltd [2021] NSWCATAP 276 Hearing dates: 7 September 2021 Date of orders: 15 September 2021 Decision date: 15 September 2021 Jurisdiction: Appeal Panel Before: S Thode, Senior Member A Boxall, Senior Member Decision: (1) The appeal is allowed; (2) The decision of the Tribunal dismissing proceedings GEN 20/51359 is set aside; (3) The matter is remitted to the Tribunal, differently constituted, to be determined according to law, with such new evidence as the Tribunal may permit. Catchwords: APPEAL - adequacy of reasons – whether the Tribunal engaged with the cases of each party Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Seraglio v Le Sommet Pty Ltd [2021] NSWCATAP 150 Category: Principal judgment Parties: Yvonne Ly (Appellant) Super Demolition Pty Ltd (Respondent) Representation: Yvonne Ly (Appellant) H Fatouleh (Respondent) File Number(s): 2021/00158075 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 06 May 2021 Before: N Vrabac, Senior Member File Number(s): GEN 20/51359