Kora v Ian’s Roofing Pty Ltd [2023] NSWCATAP 42

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kora v Ian's Roofing Pty Ltd [2023] NSWCATAP 42 Hearing dates: 6 February 2023 Date of orders: 15 February 2023 Decision date: 15 February 2023 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member R C Titterton OAM, Senior Member Decision: 1. In the appeal in relation to matters HB 22/34909 and HB 22/36753: (a) in so far as the appeal raises questions of law, the appeal is dismissed; (b) in so far as the appeal raises other errors, leave to appeal is refused, and the appeal is otherwise dismissed. 2. If the respondents seek an order as to costs, they should file and serve any submissions within 14 days of the date of publication of these reasons. 3. The appellants may respond within a further 14 days. 4. The respondents may reply within a further 7 days. Catchwords: APPEALS – question of law – no issue of principle – leave to appeal – no issue of principle Legislation Cited: Australian Consumer Law Corporations Act 2001 (Cth) Civil and Administrative Tribunal Act 2013 (NSW) – ss 50, 80; cl 12 of Sch 4 Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Andy and Patrick Floor Covering Pty Ltd t/as Silver Trading Timber Floor v Li [2018] NSWCATAP 172 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Boman-Peters and Hart v Southern Tablelands Rural Services Pty Ltd [2022] NSWCATAP 235; Buckland v Goodwin [2009] NSWCTTT 685 Chapman v McLaughin [2016] NSWCATAP 212 Collins v Urban [2014] NSWCATAP 17 Coulton v Holcombe (1986) 162 CLR 1; [1986] HCA 33 DHQ v DHR [2018] NSWCATAP 128. Drivas v Burrows [2014] NSWCATAP 87 Liang v University of Technology, Sydney [2018] NSWCATAP 285 McGinn v Barilla [2018] NSWCATAP 85 Molloy v Stewards' Foundation of Christian Brethren [2022] NSWCATAP 394 Pate v Chan [2010] NSWCTTT 221 Pholi v Wearne [2014] NSWCATAP 78 Politis v Federal Commissioner of Taxation [1988] FCA 446 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Sheehy v NSW Police Force; Rapisarda v NSW Police Force; Housego v NSW Police Force [2018] NSWCATAP 307 Smith v the Nursing and Midwifery Board of Australia [2013] NSWNMT 10 Upton v Martin and Stein Antiques Pty Ltd [2017] NSWCATAP 175 Texts Cited: Nil Category: Principal judgment Parties: Carl d'Entremont: First Appellant Naomi Kora: Second Appellant Ian Greenslade: First Respondent Second Respondent: Ian's Roofing Pty Ltd as trustee for the Silva Family Trust Representation: Appellants: Ms N Kora