Yu trading as Ebenesel Landscapes v Kong & Cha [2024] NSWCATAP 76

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Yu trading as Ebenesel Landscapes v Kong & Cha [2024] NSWCATAP 76 Hearing dates: 30 January 2024 Date of orders: 8 May 2024 Decision date: 08 May 2024 Jurisdiction: Appeal Panel Before: S Thode, Principal Member D Goldstein, Senior Member Decision: (1) Time for filing the Notice of Appeal is extended to 4 October 2023. (2) The appeal is dismissed. Catchwords: APPEALS- BUILDING AND CONSTRUCTION – no error on a question of law established – whether the decision of the Tribunal was against the weight of the evidence - whether leave to appeal should be granted – whether the appellant has suffered a substantial miscarriage of justice 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 at [23]; Elsayed v Tassone [2022] NSWCATAP 69 Collins v Urban [2014] NSWCATAP 17 Coulton v Holcombe (1986) 162 CLR 1 Craig v State of South Australia (1995) 184 CLR 163 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26 Goodwin v Commissioner of Police [2012] NSWCA 379 Liebe v Molloy [1906] HCA 67; (1906) 4 CLR 347 LVR (WA) Pty Ltd v Administrative Appeals Tribunal [2012] FCAFC 90; 289 ALR 244 Maclean v Brylweski [2023] NSWCA 173 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1985-6) 162 CLR 24 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Naish aka Khosroabadi v NSW Land and Housing Corporation [2023] NSWCATAP 99 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Rekrut and Scott v Champion Homes Sales Pty Ltd; Champion Homes Sales Pty Ltd v Rekrut and Scott [2017] NSWCATAP 187 Sean Investments Pty Ltd v. MacKellar (1981) 38 ALR 363 Texts Cited: Robinson and Lucy's "NCAT Practice and Procedure", Second Edition 2020 Spry, Equitable Remedies 9e - Equity - Common Law Category: Principal judgment Parties: Soo Yeon Yu t/as Ebenesel Landscapes (Appellant) Hyemi Kong (First Respondent) Bohyun Cha (Second Respondent) Representation: Appellant (self-represented) Respondents (self-represented) File Number(s): AP 2023/00315421 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: (Unreported) Date of Decision: 5 September 2023 Before: J Rose, General Member File Number(s): HB 23/18794 and HB 23/20188