Marjanac v Plavsic [2014] NSWCATAP 63

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Marjanac v Plavsic [2014] NSWCATAP 63 Hearing dates: On the papers Decision date: 16 October 2014 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President K Rosser, Senior Member Decision: The appeal on questions of law is dismissed. Leave is refused for the appeal on grounds other than questions of law to proceed. Catchwords: CIVIL AND ADMINSITRATIVE TRIBUNAL - APPEAL - question of law - procedural fairness - bias - other grounds - whether substantial injustice if leave refused - Legislation Cited: Home Building Act 1989 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 South Western Sydney Area Health Service v Edmonds [2007] NSWCA 16 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Category: Principal judgment Parties: Dragan Marjanac t/as Dougs Maintenance Service (Appellant) Representation: Appellant (self-represented) File Number(s): AP 14/46457 Decision under appeal Jurisdiction: 150003 Date of Decision: 2014-07-01 00:00:00 Before: B Howe, General Member File Number(s): HB 14/16523

reasons for decision

Background 1Dragan Marjanac has appealed against a decision of the Tribunal made on 1 July 2014 that he pay Siobodan and Milanka Plavsic $36,212.88 to rectify defects in a pergola that he contracted to build on their property. The proceedings were brought under the Home Building Act 1989 (NSW). We have decided to dismiss the appeal because the Tribunal did not make any legal error in coming to its decision nor has Mr Marjanac suffered a substantial miscarriage of justice which would justify giving him permission to go ahead with the appeal: Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act), s 80(2)(b).