Boman-Peters and Hart v Southern Tablelands Rural Services Pty Ltd [2022] NSWCATAP 235

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Boman-Peters and Hart v Southern Tablelands Rural Services Pty Ltd [2022] NSWCATAP 235 Hearing dates: 5 May 2022 Date of orders: 18 July 2022 Decision date: 18 July 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 – appeal from decision of Consumer and Commercial Division – leave to appeal – no transcript or sound recording of hearing before Tribunal – use of photographic evidence – no expert report – exclusion of evidence of rectification costs – application to adduce new evidence – no substantial miscarriage of justice – no issues of principle or public importance Legislation Cited: Australian Consumer Law 2010 ss 54, 55, 60, 61 Civil and Administrative Tribunal Act 2013 (NSW) ss 36, 80, 81, cl 12 Sch 4 Fair Trading Act 1987 (NSW), ss 28, 79N, 79O Home Building Act 1989 (NSW) Cases Cited: 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) 276 FCR 401; [2020] FCAFC 83 Fletcher-Jones v Avant Garde Logistics Solutions Pty Ltd [2021] NSWCATAP 201 Geracitano v Cloughessy [2021] NSWCATAP 329 Goncalves v Bora Developments Pty Ltd [2021] NSWCATAP 231 Lazaris v Kale [2022] NSWCATAP 36 Marcus v Carroll [2022] NSWCATAP 141 McInnes v Rheem Australia Pty Limited [2021] NSWCA 89 Owen v Kim [2017] NSWCATAP 26 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Watson v Chen [2022] NSWCATAP 44 Weston v Integra Windows and Doors Pty Ltd Whear v Kids on Hayes Street Pty Ltd [2021] NSWCATAP 123 Texts Cited: None Category: Principal judgment Parties: Cimi Boman-Peters and Glenn Hart (Appellants) Southern Tablelands Rural Services Pty Ltd (Respondent) Representation: Appellants (Self-represented) G Cassidy (Respondent) File Number(s): 2022/00073961 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2022] NSWCATCD Date of Decision: 9 February 2022 Before: A Nightingale, General Member File Number(s): GEN 21/31375 HB 21/31364