Leone v Captain Green Solar Pty Ltd [2022] NSWCATAP 78

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Leone v Captain Green Solar Pty Ltd [2022] NSWCATAP 78 Hearing dates: 21 March 2022 Date of orders: 23 March 2022 Decision date: 23 March 2022 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member D Goldstein, Senior Member Decision: 1. Appeal allowed. 2. The order of the Tribunal made on 18 November 2021 in matter HB 21/07293 is set aside. 3. The matter is remitted to the Tribunal for reconsideration without further evidence. Catchwords: PRACTICE AND PROCEDURE - procedural fairness — failure to give reasons — adequacy of reasons Legislation Cited: Civil and Administrative Tribunal Act 2014 (NSW) – ss 80, 81 Home Building Act 1989 (NSW) - ss 18E, 48K(7) Cases Cited: Morris v Webb [2022] NSWCATAP 54 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Stoker v Adecco Gemvale Constructions Pty Limited [2004] NSWCA 449 Category: Principal judgment Parties: John Leone, Appellant Captain Green Solar Pty Ltd, Respondent Representation: Appellant: self-represented Respondent: L Valance, Manager File Number(s): 2021/00349733 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 18 November 2021 Before: S Hanstein, General Member File Number(s): HB 21/07293