Xu v Ling [2022] NSWCATAP 266

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Xu v Ling [2022] NSWCATAP 266 Hearing dates: 8 August 2022 Date of orders: 12 August 2022 Decision date: 12 August 2022 Jurisdiction: Appeal Panel Before: G Ellis SC, Senior Member J Currie, Senior Member Decision: 1 Leave to appeal is refused. 2 The appeal is dismissed. 3 Subject to order 4, the appellant is to pay the respondent's costs of the appeal, on the ordinary basis, as agreed or assessed. 4 If either party seeks a different costs order, the following orders apply: (a) Order 3 above ceases to have effect. (b) Any application for a different costs order is to be filed and served, supported by evidence and submissions not exceeding five pages in length, within 14 days of the date of these orders. (c) Any response to an application for a different costs order is to be filed and serve, with evidence and submissions not exceeding five pages in length, within 14 days thereafter. (d) Any material in reply is to be filed and served within 7 days thereafter. Catchwords: APPEAL – No error of law established – no basis for granting leave to appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Dilosa v Latec Finance Pty Ltd (1966) 84 WN (Pt 1) (NSW) 557 at 582, [1966] NSWR 259 Jagatramka v Wollongong Coal Limited [2021] NSWCA 61 Jones v Dunkel [1959] HCA 8 Precision Plastics Pty Ltd v Demir [1975] HCA 27 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Schellenberg v Tunnel Holdings Pty Ltd [2000] HCA 18 Texts Cited: None cited Category: Principal judgment Parties: Weijiang Xu (Appellant) Wei Ling (Respondent) Representation: Solicitors: Brighton Lawyers (Appellant) Cai Lawyers Pty Ltd (Respondent) File Number(s): 2022/00163180 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 May 2022 Before: D Goldstein, Senior Member File Number(s): HB 21/29372