Aceti v Burhan Pty Ltd t/as Garlicks Heating and Cooling [2015] NSWCATAP 55

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Aceti v Burhan Pty Ltd t/as Garlicks Heating and Cooling [2015] NSWCATAP 55 Hearing dates: 20 February 2015 Decision date: 30 March 2015 Jurisdiction: Appeal Panel Before: P.R. Callaghan SC, Principal Member R Titterton, Senior Member Decision: 1 The appeal is allowed. 2 The order under appeal, that the application be dismissed, is set aside. 3 The matter is remitted to the Consumer and Commercial Division of the Tribunal to be reconsidered in a new hearing constituted by a member other than the member who made the order under appeal. Catchwords: Sufficiency of reasons – procedural fairness – failures to comply – errors of law Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: Beale v GIO of NSW [1997] 48 NSWLR 430 Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Stewart v Yarrawarra Aboriginal Corporation [2015] NSWCATAP 4 Category: Principal judgment Parties: Antonio Aceti

Burhan Pty Ltd t/as Garlicks Heating and Cooling

Mitsubishi Heavy Industries Air-Conditioners Australia Pty Ltd File Number(s): AP 14/48038 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Consumer and Commercial Division Date of Decision: 22 August 2014 Before: J McMillan, Member File Number(s): HB 14/00953