AHA International Pty Ltd v De Sen He and Yuan Fei He [2015] NSWCATAP 47

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: AHA International Pty Ltd v De Sen He and Yuan Fei He [2015] NSWCATAP 47 Hearing dates: 4 February 2015 Date of orders: 23 March 2015 Decision date: 23 March 2015 Jurisdiction: Appeal Panel Before: D Robinson, Principal Member S Thode, Senior Member Decision: The name of the Appellant is amended to AHA International Pty Ltd; Leave to appeal is refused; The Appeal is dismissed. Catchwords: HOME BUILDING – breach of contract –leave to appeal. Legislation Cited: Civil and Administrative Tribunal Act 2013. Texts Cited: Collins v Urban [2014] NSWCATAP 17 Category: Principal judgment Parties: AHA International Pty Ltd (Appellant) De Sen He and Yuan Fei He (Respondents) Representation: Mr Lin appeared in his capacity as director of the Appellant and was assisted by a Mandarin interpreter

Mr He appeared in person assisted by a Cantonese interpreter File Number(s): AP 14/49195 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 09 September 2014 Before: M Eftimiou, General Member File Number(s): GEN 14/36192

REASONS FOR DECISION

Introduction 1. The respondents needed to have electrical work done at their home. They contracted with Mr Ding to do that work but he did not do it all himself. Mr Lin is a licensed electrician and the director of the Appellant company. He was retained to install an electrical meter box at the respondents' home. 2. On 9 September 2014, the Tribunal's Consumer and Commercial Division awarded $1350 against two respondents jointly, Mr Ding and the Appellant, on the basis that the work was not performed in a proper and workmanlike manner. 3. Only the second respondent appealed that decision. The homeowner informed the Appeal Panel that the first respondent has paid $675 in discharge of half of the judgment debt.