Wilair Building Supplies v Brereton [2015] NSWCATAP 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wilair Building Supplies v Brereton [2015] NSWCATAP 3 Hearing dates: 18 December 2014 Date of orders: 14 January 2015 Decision date: 14 January 2015 Jurisdiction: Appeal Panel Before: Dr J Renwick SC, Senior Member S Thode, Senior Member Decision: 1. The application for leave to appeal is refused 2. The appeal is dismissed. Catchwords: ADMINISTRATIVE LAW – Civil and Administrative Tribunal (NSW) – Building dispute - timber floorboards not of acceptable quality – floor required replacement – compensation ordered – no errors of law – leave not granted – appeal dismissed Legislation Cited: Civil and Administrative Appeals Tribunal Act 2013 (NSW) ss 62, 61, Schedule 4, cl 12 Competition and Consumer Act 2010 (Cth) Schedule 2, s 54 Fair Trading Act 1987 (NSW) ss 27, 28 Cases Cited: Associated Picture Houses Limited v Wednesbury Corporation [1948] 1 KB 223 Collins v Urban [2014] NSWCATAP 17 Marrickville Metro Shopping Centre Pty Limited v Marrickville Council [2010] NSWCA 145 Minister for Immigration and Citizenship v Li [2013] HCA 18 Murrumbidgee Groundwater Preservation Association Inc v Minister for Natural Resources [2005] NSWCA 10 New South Wales v Beck [2013] NSWCA 347 Category: Principal judgment Parties: Adrian Marsden and Joy Larraine Black trading as Wilari Building Supplies (Appellant) Trevor Lawrence Brereton (Respondent) Representation: Counsel: Solicitors: I.R. Love (Appellant) File Number(s): AP 14/46322 Decision under appeal Court or tribunal: Civil and Administrative Tribunal (NSW) Jurisdiction: Consumer and Commercial Division Date of Decision: 20 January 2014 Before: M. Gilson, Member