Croll v Form and Colour Pty Ltd [2023] NSWCATAP 204

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Croll v Form and Colour Pty Ltd [2023] NSWCATAP 204 Hearing dates: 15 May 2023 Date of orders: 25 July 2023 Decision date: 25 July 2023 Jurisdiction: Appeal Panel Before: A Bell SC, Senior Member L Wilson, Senior Member Decision: 1) Extend the time for the appellant to lodge the Notice of Appeal to 3 March 2023. 2) The orders made on 22 November 2022 in application HB22/36727 and in application HB22/45182 are set aside. 3) The respondent (Form and Colour Pty Ltd) is to pay the costs of the appellant (Felicity Croll) of the appeal in relation to application HB22/36727. 4) Application HB22/36727 and application HB22/45182 are remitted for rehearing by a differently constituted Tribunal. Catchwords: APPEAL – Denial of procedural fairness – Failure to afford parties opportunity to cross examine APPEAL – Inadequacy of reasons APPEAL – Costs – Wrong test applied – Amount in dispute separate proceedings – Proceedings not consolidated Legislation Cited: Australian Consumer Law NSW Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Gallo v Duflou [2014] NSWCATAP 115 Hanave Pty Ltd v Wine Nomad Pty Ltd (No.2) [2022] NSWCATAP 361 Italiano v Carbone [2005] NSWCA 177 Jannis v Ant-Hassa Pty Ltd [2020] NSWCATAP 99 Lee v Cha [2008] NSWCA 13 Norfeld Pty Ltd v Jones [2014] NSWSC 992 NSW Land and Housing Corporation v Orr (2019) 100 NSWLR 578; [2019] NSWCA 231 Simjanovska v Dogan [2023] NSWCATAP 69 Williams v NSW Land and Housing Corporation [2012] NSWSC 1022 Texts Cited: None cited Category: Principal judgment Parties: Fiona Croll (Appellant) Form and Colour Pty Ltd (Respondent) Representation: Counsel: G A Edwards (Appellant) L Y Moussa (Respondent)