Cui v Lin [2023] NSWCATAP 17

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cui v Lin [2023] NSWCATAP 17 Hearing dates: 24 January 2023 Date of orders: 01 February 2023 Decision date: 01 February 2023 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member A Boxall, Senior Member Decision: 1. Leave to appeal is refused. 2. The appeal is otherwise dismissed. Catchwords: APPEAL – leave to appeal – no question of principle – application to file new evidence – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) – s 80; cll 8(2) and 12 of Sch 4 Civil and Administrative Tribunal Regulation 2022 (NSW) - s 9(1)(a) Civil and Administrative Tribunal Rules 2014 (NSW) - r 29 Home Building Act 1989 (NSW) – ss 48K, 480 Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Chapman v McLaughin [2016] NSWCATAP 212 Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Pholi v Wearne [2014] NSWCATAP 78 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: Nil Cited Category: Principal judgment Parties: Tongxin Cui, First Appellant Sydney Keystone Constructions Pty Ltd, Second Appellant Wen Tsan Lin, Respondent Representation: First Appellant: self-represented Second Appellant: Tongxin Cui, director Respondent: Caoein Lin File Number(s): 2022/00346805 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2022] NSWCATCD Date of Decision: 24 October 2022 Before: R Alkadamani, Senior Member File Number(s): HB 22/23134