Shivanbodhiselvan v Norwest Gateway Pty Ltd [2022] NSWCATAP 27

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shivanbodhiselvan v Norwest Gateway Pty Ltd [2022] NSWCATAP 27 Hearing dates: 31 January 2022 Date of orders: 03 February 2022 Decision date: 03 February 2022 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member E Bishop, Senior Member Decision: 1. To the extent that the appeal raises errors of law, the appeal is dismissed. 2. To the extent that the appeal raises errors other than errors of law, leave to appeal refused. Catchwords: BULIDING AND CONSTRUCTION – Failure to provide procedural fairness – Anshun estoppel – non question of principle - Leave to appeal – decision not fair and equitable – decision against the weight of the evidence - no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) – s 80(2)(b)) Home Building Act 1989 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Alliance Motor Auctions Pty Ltd v Saman [2018] NSWCATAP 137 Andy and Patrick Floor Covering Pty Ltd t/as Silver Trading Timber Floor v Li [2018] NSWCATAP 172 Clements v Independent Indigenous Advisory Committee[2003] FCAFC 143 Collins v Urban [2014] NSWCATAP 17 Italiano v Carbone [2005] NSWCA 177 Mason v Hyland [2018] NSWCATAP 203 Pholi v Wearne [2014] NSWCATAP 78 Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Tillainathan Shivanbodhiselvan (Appellant) Norwest Gateway Pty Ltd (Respondent) Representation: Appellant: self-represented Valerian Timbol, director (Respondent) File Number(s): 2021/00296541 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 25 November 2021 Before: G Ellis SC, Senior Member File Number(s): HB 21/32200