Harris v White [2022] NSWCATAP 395

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Harris v White [2022] NSWCATAP 395 Hearing dates: 12 December 2022 Date of orders: 20 December 2022 Decision date: 20 December 2022 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member P H Molony, Senior Member Decision: 1. The appeal is allowed. 2. The order made on 23 September 2022 in proceedings HB 22/3185 is set aside. 2. The proceedings are remitted to the Consumer and Commercial Division for rehearing, with new evidence allowed. Catchwords: APPEAL – procedural fairness – notice of hearing Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: Nil Category: Principal judgment Parties: John Harris (Appellant) Brian White (Respondent) Representation: Appellant (Self-represented) Respondent (Self-represented) File Number(s): 2022/00313608 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 23 September 2022 Before: P Zammit, General Member File Number(s): HB 22/31855