Moussa Enterprises Pty Ltd v David Stanford and Kelly Stanford [2015] NSWCATAP 99

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Moussa Enterprises Pty Ltd v David Stanford and Kelly Stanford [2015] NSWCATAP 99 Hearing dates: On the papers Date of orders: 25 May 2015 Decision date: 25 May 2015 Jurisdiction: Appeal Panel Before: D Patten, Principal Member R Titterton, Senior Member Decision: Appeal allowed Remit the matter to the Consumer and Commercial Division of the Civil and Administrative Tribunal constituted by a member other than the member who made the original decision, to be determined in accordance with these reasons and otherwise according to law The appellant is to repay the $3,387.00 already paid to it by the respondents within 14 days of the publication of these reasons Catchwords: APPEAL - Civil and Administrative Tribunal (NSW) - obligation to give proper reasons in oral reasons for decision – failure to comply - error of law Legislation Cited: Civil and Administrative Tribunal Act 2013, ss 3(d), 36(1), 38(4), 62(2), 62(3), and 80(2) Home Building Act 1989, ss 7, 10 and 92 Cases Cited: Akkari v Sartor [2015] NSWCATAP 79 Collins v Urban [2014] NSWCATAP 17 Moloney v Collins Murnane Carpentry Pty Ltd v Kalinovski [2015] NSWCATAP 30 Pollard v RRR Corporation Pty Limited Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Moussa Enterprises Pty Ltd David Stanford and Kelly Stanford File Number(s): AP 14/46460 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Date of Decision: 16 June 2014 Before: D Turley File Number(s): HB 13/64841