MS Noun Construction Pty Ltd v Baker [2022] NSWCATAP 251

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MS Noun Construction Pty Ltd v Baker [2022] NSWCATAP 251 Hearing dates: 21 July 2022 Date of orders: 29 July 2022 Decision date: 29 July 2022 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President G Ellis SC, Senior Member Decision: 1. The appeal is dismissed. Catchwords: APPEAL – No error of law demonstrated- no error requiring leave Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Cominos v Di Rico [2016] NSWCATAP 5 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: Nil Category: Principal judgment Parties: MS Noun Construction Pty Ltd (Appellant) Darcy Baker (Respondent) Representation: O Noun (Agent)(Appellant) Respondent (self-represented) File Number(s): 2022/00147978 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2022] NSWCATCD Date of Decision: 24 April 2022 Before: Member P Gardner File Number(s): HB 22/05016

reasons for decision

Introduction 1. This is an internal appeal under s 80(2) of the Civil and Administrative Tribunal Act 2013 (NSW) (the NCAT Act) against a decision made in the Consumer and Commercial Division of the Tribunal on 24 April 2022. 2. The application to the Tribunal was brought by the respondent, against the applicant. The issues in the appeal are the three matters raised by the appellant in his Notice of Appeal which are set out below. For the reasons set out below, we have decided to dismiss the appeal.