Champion Homes Sales Pty Ltd v Fawzi [2022] NSWCATAP 399

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Champion Homes Sales Pty Ltd v Fawzi [2022] NSWCATAP 399 Hearing dates: 7 December 2022 Date of orders: 22 December 2022 Decision date: 22 December 2022 Jurisdiction: Appeal Panel Before: G Ellis SC, Senior Member R Titterton, Senior Member Decision: (1) The appeal is allowed. (2) The order of the Tribunal of 12 September 2022 in matter GEN 22/31157 is set aside and in lieu thereof amended to read: CHAMPION HOMES SALES PTY LTD Suite 1 600 Hoxton Park Road HOXTON PARK NSW 2171 Australia is to pay MORGAN CALLEN FAWZI [REDACTED] BOX HILL NSW 2765 Australia the sum of $2,935.02 immediately. (3) The respondent is to pay the appellant the sum of $2,944.48 on or before 18 January 2023. Catchwords: APPEALS — leave to appeal – decision not fair and equitable – decision against the weight of the evidence – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) – ss 80, 81; cl 12 of Sch 4 Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Bellgrove v Eldridge (1954) 90 CLR 613 Chapman v McLaughin [2016] NSWCATAP 212 Chapman v Taylor [2004] NSWCA 456 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Stone v Chappel (2017) 128 SASR 165 Texts Cited: None cited Category: Principal judgment Parties: Champion Homes Sales Pty Ltd (Appellant) Morgan Callen Fawzi (Respondent) Representation: Solicitors: G Vardas (Appellant) Respondent (Self Represented) File Number(s): 2022/00303838 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2022] NSWCATCD Date of Decision: 12 September 2022 Before: G Towney, Senior Member File Number(s): GEN 22/31157