Lazaris v Kale [2022] NSWCATAP 36

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lazaris v Kale [2022] NSWCATAP 36 Hearing dates: 16 November 2021 Date of orders: 16 November 2021 Decision date: 11 February 2022 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member G Sarginson, Senior Member Decision: Appeal dismissed. Catchwords: APPEALS — procedure — proof and evidence — record of tribunal below – no transcript or sound recording of the oral evidence or oral reasons provided – impossibility of determining whether the grounds of appeal had any substance – orders of the tribunal complied with by the appellant before the appeal – no utility in hearing the appeal. Legislation Cited: Nil Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Katina Lazaris (Appellant) Prashant Kale (Respondent) Representation: Appellant in person Respondent in person File Number(s): 2021/00257914 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: 09 September 2020 Before: J Ringrose, General Member File Number(s): GEN 21/15723

REASONS FOR DECISION 1. This an appeal from a decision of the Tribunal ordering the appellant (who conducted a property maintenance business) to arrange for a licensed electrician to attend the respondent's home to inspect and certify certain earlier work undertaken by the appellant's unlicensed electrical contractor. 2. At the commencement of the hearing of the appeal the appellant sought an adjournment which was refused. Our reasons for that refusal appear below. 3. At the conclusion of the hearing of the appeal we ordered that the appeal be dismissed. We said we would deliver our reasons subsequently. These are those reasons.