Baranowski v Alan Walker t/as Stroud Plumbing and Gas [2024] NSWCATAP 50

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Baranowski v Alan Walker t/as Stroud Plumbing and Gas [2024] NSWCATAP 50 Hearing dates: 6 July 2023 Date of orders: 3 April 2024 Decision date: 03 April 2024 Jurisdiction: Appeal Panel Before: K Ransome, Principal Member A Boxall, Senior Member Decision: (1) To the extent that the appeal raises questions of law, the appeal is dismissed. (2) Leave to appeal granted in part. (3) Appeal allowed in part. (4) Order that the respondent Alan Walker is to pay the applicant Bohdan Baranowski the sum of $2,200 within 28 days of the date of this order. Catchwords: APPEAL – whether denial of procedural fairness – whether decision against the weight of evidence – appeal allowed in part Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 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: Nil Category: Principal judgment Parties: Bohdan Baranowski (Appellant) Alan Walker t/as Stroud Plumbing and Gas (Respondent) Representation: Appellant (self-represented) Meridian Lawyers (Respondent) File Number(s): 2023/00139204 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: n/a Date of Decision: 30 March 2023 Before: S Hausfield, Tribunal Member File Number(s): HB 22/46798