Makkar v Solar Power Nation Pty Ltd [2023] NSWCATAP 187

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Makkar v Solar Power Nation Pty Ltd [2023] NSWCATAP 187 Hearing dates: 3 July 2023 Date of orders: 13 July 2023 Decision date: 13 July 2023 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member P H Molony, Senior Member Decision: 1. Leave to appeal is refused. 2. To the extent that the appeal raises questions of law, the appeal is dismissed. Catchwords: APPEALS – new evidence not allowed as reasonably available at time of hearing – expert evidence – tradesman's report containing bare assertion to be given no weight – leave to appeal refused. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1987 (NSW) Cases Cited: CEO of Customs v AMI Toyota Ltd (2000) 102 FCR 578 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Craig v South Australia (1995) 184 CLR 163 Hevi Lift (PNG) Ltd v Etherington [2005] NSWCA 42; (2005) 2 DDCR 271 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 30 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Southwest Sydney Area Health Service v Edmonds [2007] NSWCA 16 Texts Cited: None Category: Principal judgment Parties: Manmohan Makkar – Appellant Solar Panel Nation Pty Ltd – Respondent Representation: Appellant – Self-represented Respondent - Mr Rahil Kapur (Senior Operations Manager) File Number(s): 2023/00140537 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 05 April 2023 Before: J Drennan, General Member File Number(s): HB22/43445 and HB22/49997