Jethsons Pty Ltd v Ly [2023] NSWCATAP 97

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jethsons Pty Ltd v Ly [2023] NSWCATAP 97 Hearing dates: 27 March 2023 Date of orders: 27 March 2023 Decision date: 05 April 2023 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Goldstein, Senior Member Decision: 1 To the extent that leave to appeal was required, leave is refused. 2 The appeal is dismissed. Catchwords: APPEALS – procedural fairness – question of law - money order in home building case made in absence of builder and any evidentiary material and submissions from the builder – on appeal builder said he preferred a work order for less work than the work the subject of the money order - builder aware of proceedings and hearing date – no reasonable explanation for failure to attend hearing – no procedural unfairness established – no grounds for leave to appeal. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulation (NSW) Civil and Administrative Tribunal Rules (NSW) Cases Cited: HT v The Queen [2019] HCA 40; 269 CLR 403 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: Nil Category: Principal judgment Parties: Bharat Varsani (Appellant) Terry Ly (Respondent) Representation: Both parties were self-represented File Number(s): AP 2023/00015236 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 23 December 2022 Before: S Hennings, General Member File Number(s): HB 22/29742