Nedanovski v Italian Automobiles Group Pty Ltd [2021] NSWCATAP 365

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nedanovski v Italian Automobiles Group Pty Ltd [2021] NSWCATAP 365 Hearing dates: 4 November 2021 Date of orders: 17 November 2021 Decision date: 17 November 2021 Jurisdiction: Appeal Panel Before: The Hon F Marks, Principal Member K Ransome, Senior Member Decision: (1) To the extent that leave to appeal is necessary, leave to appeal is granted. (2) The appeal is upheld in part. (3) The order made by the Tribunal on 30 July 2021 is set aside, and in lieu the respondent is to pay the appellant the amount of $6079.70 within 7 days. Catchwords: APPEAL – claim for compensation based upon expert report – expert report poorly expressed – held that Member misunderstood the report – appeal upheld –amount of compensation increased COSTS – claim for recovery of cost of expert report as costs refused – the necessity to obtain an expert report does not constitute special circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 s 60 Category: Principal judgment Parties: Gjorgji Nedanovski (appellant) Italian Automobiles Group Pty Ltd Representation: Appellant self-represented J Procopio, service manager (respondent) File Number(s): 2021/00245377 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 30 July, 2021 Before: J Searson, General Member File Number(s): MV 20/50786