Impressive Builders Pty Ltd v Cleary [2021] NSWCATAP 331

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Impressive Builders Pty Ltd v Cleary [2021] NSWCATAP 331 Hearing dates: 18 October 2021 Date of orders: 18 October 2021 Decision date: 26 October 2021 Jurisdiction: Appeal Panel Before: S Goodman SC, Senior Member C Mulvey, Senior Member Decision: Leave to appeal is refused. 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 (NSW), Home Building Act 1989 (NSW), ss 7AAA, 10, 48MA and 48O s 80 and Sch 4, cl 12 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 5 House v R [1936] HCA 40; (1936) 55 CLR 499 SZTOG v Minister for Immigration and Border Protection [2018] FCA 112 ZNX v ZNY [2020] NSWCATAP 41 Category: Principal judgment Parties: Impressive Builders Pty Ltd (Appellant) Glenn Cleary (First Respondent) Amanda Cleary (Second Respondent) Representation: Mr D Condon (Director of Appellant) Respondents (Self-represented) File Number(s): 2021/00217514 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 29 June 2021 Before: P Boyce, General Member File Number(s): HB 21/14182; HB 21/02293