Robinson v Quick Built Systems Pty Ltd [2022] NSWCATAP 192

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Robinson v Quick Built Systems Pty Ltd [2022] NSWCATAP 192 Hearing dates: 05 May 2020 Date of orders: 09 June 2022 Decision date: 09 June 2022 Jurisdiction: Appeal Panel Before: L Wilson, Senior Member M Gracie, Senior Member Decision: 1. Leave to appeal refused 2. Appeal dismissed Catchwords: APPEAL – NCAT – leave to appeal – no transcript or sound recording of hearing before Tribunal – limited and incomplete evidence on appeal – unable to determine whether Tribunal's findings were not fair and equitable or against the weight of evidence – no substantial miscarriage of justice – no issue of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Surveillance Devices Act 2007 (NSW) Cases Cited: Bellgrove v Eldridge [1954] HCA 36; (1954) 90 CLR 613 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Croghan v Rees [2021] NSWCATAP 328 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 77 ALJR 1088 DVE18 v Minister for Home Affairs [2020] FCAFC 83; (2020) 276 FCR 401 Geracitano v Cloughessy [2021] NSWCATAP 329 Goncalves v Bora Developments Pty Ltd [2021] NSWCATAP 231 Kanjian Holdings No 1 Pty Ltd v Kanjian; Kanjian v Kanjian [2021] NSWSC 389; (2020) 155 ACSR 290 Lazaris v Kale [2022] NSWCATAP 36 Marcus v Carroll [2022] NSWCATAP 141 McInnes v Rheem Australia Pty Limited [2021] NSWCA 89 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Re Pochi and Minister for Immigration & Ethnic Affairs (1979) 2 ALD 33 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Sullivan v Civil Aviation Safety Authority (2014) 226 FCR 555 Whear v Kids on Hayes Street Pty Ltd [2021] NSWCATAP 123 Texts Cited: None cited Category: Principal judgment Parties: Isaac Robinson (Appellant) Quick Built Systems Pty Ltd (Respondent) Representation: Appellant (self-represented) M White (Respondent) File Number(s): 2022/00073194 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 10 February 2022 Before: K Ross, Senior Member File Number(s): HB 21/44711