Mulvenna v Tuan Golden Pty Ltd [2023] NSWCATAP 108

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mulvenna v Tuan Golden Pty Ltd [2023] NSWCATAP 108 Hearing dates: 6 April 2023 Date of orders: 17 April 2023 Decision date: 17 April 2023 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member L Wilson, Senior Member Decision: 1. The application to reinstate the appeal is granted. 2. The application for leave to appeal is refused. Catchwords: ADMINISTRATIVE LAW - particular administrative bodies - NSW Civil and Administrative Tribunal – application for leave to appeal on the basis of new evidence not reasonably available prior to the hearing at first instance – application refused – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80(2)(b), Sch 4 cl 12 Home Building Act 1989 (NSW), s 18B Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Texts Cited: Nil Category: Principal judgment Parties: Daniel Mulvenna (First Appellant) Cristina Sandona (Second Appellant) Tuan Golden Pty Ltd (Respondent) Representation: First Appellant (Self-represented) Second Appellant (D Mulvenna) R Lam (Director)(Respondent) File Number(s): 2023/00024568 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 15 January 2023 Before: G Sarginson, Senior Member File Number(s): HB 22/49320