Vidler v Lee t/as Northern Rivers Landscaping [2023] NSWCATAP 52

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Vidler v Lee t/as Northern Rivers Landscaping [2023] NSWCATAP 52 Hearing dates: 28 November 2022 Date of orders: 24 February 2023 Decision date: 24 February 2023 Jurisdiction: Appeal Panel Before: I R Coleman SC ADCJ, Principal Member M Gracie, Senior Member Decision: (1) Grant leave to appeal. (2) Allow the appeal. (3) Remit the whole of the proceedings to the Consumer and Commercial Division of the Tribunal for a new hearing by a differently constituted Tribunal upon the evidence already adduced and any further evidence as the Tribunal may allow. Catchwords: APPEAL – NCAT – appeal from Consumer and Commercial Division – no question of law - leave to appeal – new evidence - expert evidence – weight to be afforded expert evidence where there has been non-compliance by both parties with Procedural Direction 3 – unjust result - remitter Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW), Home Building Act 1989 (NSW) Home Building Regulation 2014 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Dasreef v Hawchar [2011] HCA 21; 243 CLR 588 Makita (Australia) Ltd v Sprowles (2001) NSWCA 305; 52 NSWLR 705 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: None cited Category: Principal judgment Parties: Tracey Vidler (Appellant) Jackson Thomas Lee t/as Northern Rivers Landscaping (Respondent) Representation: Appellant (Self Represented) Respondent (Self Represented) File Number(s): 2022/00287903 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 26 August 2022 Before: H Smith, Tribunal Member File Number(s): HB 22/27174