Nova Home Developments Pty Ltd v Manzala [2021] NSWCATAP 287

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nova Home Developments Pty Ltd v Manzala [2021] NSWCATAP 287 Hearing dates: 30 August 2021 Date of orders: 23 September 2021 Decision date: 23 September 2021 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member D Fairlie, Senior Member Decision: 1. Leave to appeal is granted. 2. Appeal Allowed. 3. The stay of 13 July 2021 is lifted. 4. The orders of the Tribunal in HB 20/53830 of 25 May 2021 are set aside. 5. Remit the matter to a differently constituted Tribunal for redetermination upon the evidence already adduced to the Tribunal at first instance and such further evidence as the Tribunal may allow. 6. If the appellant wishes to pursue costs, it should file submissions with the Registry and give to the respondent submissions within 14 days of receiving these reasons. 7. The respondent may respond within a further 14 days. Catchwords: PROCEDURAL FAIRNESS — failure to allow cross-examination APPEALS — leave to appeal — whether decision against the weight of evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Cheung v Yang [2013] NSWSC 1694 Collins v Urban [2014] NSWCATAP 17 Gallo v Duflou [2014] NSWCATAP 115 Pholi v Wearne [2014] NSWCATAP 78 White v Alto Artarmon Pty Ltd [2017] NSWCATAP 164 Category: Principal judgment Parties: Appellant: Nova Homes Developments Pty Ltd Respondent: Ms Suzannah Manzala Representation: Counsel: Mr J Young (Appellant)