Nelson v Ivy Landscapes Pty Ltd [2022] NSWCATAP 210

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nelson v Ivy Landscapes Pty Ltd [2022] NSWCATAP 210 Hearing dates: 20 June 2022 Date of orders: 28 June 2022 Decision date: 28 June 2022 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member D Goldstein, Senior Member Decision: 1. Leave to appeal refused. 2. Order 1 made by the Tribunal on 15 March 2022 is varied by substituting the date "12 August 2022" for the date "02-May-2022". Catchwords: APPEAL - NSW Civil and Administrative Tribunal – internal appeal – application for leave to appeal pursuant to Civil and Administrative Tribunal Act 2013 (NSW), Sch 4, cl 12(1)(c) – new evidence not proved to have not been reasonably available at the time of the Tribunal hearing – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36(3), 38(5)(c), Sch 4 cl 12(1)(c) Home Building Act 1989 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Texts Cited: Nil Category: Principal judgment Parties: David Nelson (Appellant) Ivy Landscapes Pty Ltd (Respondent) Representation: Appellant (Self-represented) T Woods (Director of the Respondent) File Number(s): 2022/00114405 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: 15 March 2022 Before: J Searson, General Member File Number(s): HB 21/23583