Divola v Natural Solar Power Pty Ltd [2022] NSWCATAP 379

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Divola v Natural Solar Power Pty Ltd [2022] NSWCATAP 379 Hearing dates: 21 December 2022 Date of orders: 08 December 2022 Decision date: 08 December 2022 Jurisdiction: Appeal Panel Before: G Blake AM SC R C Titterton OAM Decision: (1) The application for leave to appeal is refused. (2) The appeal is otherwise dismissed. Catchwords: APPEALS — leave to appeal – decision not fair and equitable – decision against the weight of the evidence – no question of principle Legislation Cited: Australian Consumer Law Civil and Administrative Tribunal Act 2013 (NSW) — s 80; cl 12 of Sch 4 Competition and Consumer Act 2010 (Cth), Sch 2 Fair Trading Act 1987 (NSW), ss 28, 79J Home Building Act 1989 (NSW) Cases Cited: Australasia Development (M) Pty Ltd v Glenwood Estate (Vic) Pty Ltd [2021] VSC 758 Collins v Urban [2014] NSWCATAP 17 Coulton v Holcombe (1986) 162 CLR 1; [1986] HCA 33 Drivas v Burrows [2014] NSWCATAP 87 Nikic v Volkswagen Group Australia Pty Ltd [2022] NSWCATAP 302 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Temple v AMR Motors Pty Limited [2017] NSWCATAP 221 University of Wollongong v Metwally (No. 2) [1985] HCA 28 Texts Cited: NCAT Guideline 1: Internal Appeals Category: Principal judgment Parties: Anthony Divola (Appellant) Natural Solar Power Pty Ltd (Respondent) Representation: Appellant (Self Represented) A Stark (Agent) (Respondent) File Number(s): 2022/00265603 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 18 August 2022 Before: S Bliim, General Member File Number(s): HB 21/48139