M and PG Projects Pty Ltd v Robert Groombridge t/as Northern Beaches Bricklayer [2022] NSWCATAP 392

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: M and PG Projects Pty Ltd v Robert Groombridge t/as Northern Beaches Bricklayer [2022] NSWCATAP 392 Hearing dates: 12 December 2022 Date of orders: 19 December 2022 Decision date: 19 December 2022 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member D Fairlie, Senior Member Decision: (1) Leave to appeal is refused. (2) The application of the respondent that the appellant pays the costs of the appeal is dismissed. Catchwords: APPEALS — Leave to appeal — Principles governing – leave to appeal refused COSTS — Party/Party — application by the respondent that the appellant pay the costs of the appeal dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 60, 80, Sch 4, cl 12 Civil and Administrative Tribunal Rules 2014 (NSW), rr 25, 38, 38A Home Building Act 1989 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: NCAT Consumer and Commercial Division Guideline – Costs Category: Principal judgment Parties: M and PG Projects Pty Ltd (Appellant) Robert Groombridge t/as Northern Beaches Bricklayer (Respondent) Representation: M Gillespie (Authorised Officer) (Appellant) Respondent (Self Represented) File Number(s): 2022/00286866 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Consumer and Commercial Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 25 August 2022 Before: S Corley, Senior Member File Number(s): HB 22/12859