Scozza v JIH Building Design Pty Ltd [2023] NSWCATAP 172

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Scozza v JIH Building Design Pty Ltd [2023] NSWCATAP 172 Hearing dates: 19 June 2023 Date of orders: 27 June 2023 Decision date: 27 June 2023 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member D Fairlie, Senior Member Decision: 1. The appeal is allowed. 2. Order (1) made on 20 March 2023 in matter GEN 23/00232 is set aside. 3. Remit matter GEN 23/00232 to the Consumer and Commercial Division for hearing by a differently constituted Tribunal on such evidence as is permitted by the Tribunal. Catchwords: APPEAL – procedural fairness – requires transcript of proceedings to be assessed – adequacy of reasons – remitter to a differently-constituted Tribunal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 80, 81; cl 12 of Sch 4 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Hockley-Brown v Metford Road Pty Ltd t/as Morpeth Gardens Village [2023] NSWCATAP 151. Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: None Cited Category: Principal judgment Parties: Appellant: Marina Scozza Respondent: JIH Building Design Representation: Appellant: Self-represented Respondent: J Harb, Director File Number(s): 2023/00123862 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2023] NSWCATCD Date of Decision: 16 March 2023 Before: K Grafenauer, Member File Number(s): GEN 23/00232