NSW Caselaw
New South Wales Supreme Court
CITATION : Giardina v Cupri & 2 Ors [2007] NSWSC 156
HEARING DATE(S) : 20 February 2007
JUDGMENT DATE : 6 March 2007
JURISDICTION : Common Law Division - Administrative Law List
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) The appeal is upheld; (2) The decisions of Tribunal Member Leotta dated 27 October 2005 and 21 December 2005 are set aside; (3) The matter is remitted to the Tribunal to be determined according to law; (4) The defendants are to pay the plaintiff's costs as agreed or assessed.
CATCHWORDS : Appeal decision of CTTT - unlicensed contractor, doors and windows
LEGISLATION CITED : Consumer, Trader & Tenancy Tribunal Act 2001 - ss 28, 35, 65, 67 Home Building Act 1989 - ss 4, 10, 92
Chapman v Taylor & Ors; Vero Insurance Ltd v Taylor & Ors [2004] NSWCA 456 CASES CITED : De More Constructions Pty Ltd v Garpace Pty Ltd (2001) 53 NSWLR 132 Italiano v Carbone & Ors [2005] NSWCA 177 Kalokerinos & Anor v HIA Insurance Services P/L & Anor [2004] NSWCA 312
Paula Giardina - Plaintiff PARTIES : Michael Cupri - First Defendant Decoporte Pty Ltd - Second Defendant Consumer Trader & Tenancy Tribunal - Third Defendant
FILE NUMBER(S) : SC 30006/2006
COUNSEL : Mr D Accoto - Plaintiff Mr R Pearson - First & Second Defendants
Turnbull Bowles Lawyers - Plaintiff SOLICITORS : Creagh & Creagh - First & Second Defendants Crown Solicitor - Submitting Appearance - Third Defendant
LOWER COURT JURISDICTION : Consumer Trader and Tenancy Tribunal of NSW
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