Vujica v TNM Roofing Pty Ltd [2022] NSWCATAP 305

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Vujica v TNM Roofing Pty Ltd [2022] NSWCATAP 305 Hearing dates: 15 August 2022 Date of orders: 20 September 2022 Decision date: 20 September 2022 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President G Blake AM SC, Senior Member Decision: 1. Orders 2 and 3 made on 19 May 2022 in applications HB 21/52061 and HB 21/49598 are set aside. 2. The proceedings are remitted to the Consumer and Commercial Division for redetermination in accordance with these reasons and according to law by a differently constituted Tribunal. 3. The respondent is to repay to the appellants the amount of $12,872.00, such amount to be paid within seven days from the date of these orders. 4. The Tribunal may permit such further evidence as the Tribunal considers appropriate Catchwords: BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – Enforceability of contract – requirement for writing – whether non-compliance with s 7 requirements renders contact unenforceable by contractor EVIDENCE – admissibility where rules of evidence do not apply – Procedural Direction 3 – Expert Evidence – failure to sign and date report – procedural fairness Legislation Cited: Australian Consumer Law (NSW), s 60 Civil and Administrative Tribunal Act 2013 (NSW), ss 26, 38, 80, 81, Sch 4 cl 12 Evidence Act 2005 (NSW) Fair Trading Act 1987 (NSW), s 79O Home Building Act 1989 (NSW), ss 4, 7, 7AA, 7A, 10, Sch 2 cl 1 Home Building Regulation 2014 (NSW), reg 5 Statute Law (Miscellaneous Provision) Act (No 2) 2001 (NSW) Cases Cited: Anjoul v Anjoul [2021] NSWSC 592 Beechwood Homes v Kirkpatrick & Ors [2002] NSWSC 87 Collins v Urban [2014] NSWCATAP 17 Commissioner of Taxation of the Commonwealth of Australia v Consolidated Media Holdings Ltd (2012) 250 CLR 503; [2012] HCA 55 Forster v Hunter New England Area Health Service (2010) 77 NSWLR 495; [2010] NSWCA 106 Italiano v Carbone & Ors [2005] NSWCA 177 Khan v Kang [2014] NSWCATAP 48 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705; [2001] NSWCA 305 Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221; [1987] HCA 5 Pownall v Conlon Management Pty Ltd (1995) 12 WAR 370; (1995) 16 ACSR 227 Project Blue Sky Inc & Ors v Australian Broadcasting Authority (1998) 194 CLR 35; [1998] HCA 28 Wright v Foresight Constructions Pty Ltd [2011] NSWCA 327 Texts Cited: New South Wales Legislative Council, Parliamentary Debates (Hansard), 2 July 2001 Procedural Direction 3 - Expert Evidence Category: Principal judgment Parties: Stipo Vujica (First Appellant) Blazenka Vujica (Second Appellant) TNM Roofing Pty Ltd (Respondent) Representation: Appellants (Self Represented) File Number(s): 2022/00175955 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: 19 May 2022 Before: J Levingston, General Member File Number(s): HB 21/52061; HB 21/49598