Vlaanderen v Schuessler [2023] NSWCATAP 126

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Vlaanderen v Schuessler [2023] NSWCATAP 126 Hearing dates: 16 January 2023 Date of orders: 10 May 2023 Decision date: 10 May 2023 Jurisdiction: Appeal Panel Before: S Thode, Principal Member D Goldstein, Senior Member Decision: (1) Leave to appeal is granted. (2) Appeal allowed in part. (3) Order 1 made on 18 August 2023 in HB 22/20601 is set aside. (4) In lieu thereof the Appeal Panel orders Joshua Schuessler to pay Martin Vlaanderen and Huilin Vlaanderen the sum of $3561 immediately. (5) The remainder of the appeal is dismissed. Catchwords: APPEAL – HOME BUILDING – dismissal of compensation claim – no error of law – no issue of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Civil and Administrative Tribunal Rules 2014 (NSW), Cases Cited: Collins v Urban [2014] NSWCATAP 17 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: Martin and Huilin Vlaanderen (Appellants) Joshua Schuessler (Respondent) Representation: Appellants in person Respondent in person File Number(s): 2022/00287923 Publication restriction: Nil Decision under appeal Court or tribunal: Consumer and Commercial Division Jurisdiction: NSW Civil and Administrative Tribunal Citation: [2020] NSWCATCD Date of Decision: 22 August 2022 Before: J Lynch General Member File Number(s): HB 22/20601