Ideal Constructors Pty Ltd v Wikeepa [2015] NSWCATAP 131

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ideal Constructors Pty Ltd v Wikeepa [2015] NSWCATAP 131 Hearing dates: 28 April 2015 Date of orders: 06 July 2015 Decision date: 06 July 2015 Jurisdiction: Appeal Panel Before: M Schyvens, Deputy President K Rosser, Senior Member Decision: (1)The appeal is allowed. (2) Orders 1 and 2 made on 26 November 2014 in matters HB14/34559 and HB14/45456 are set aside. (3)The whole of the proceedings in matters HB14/34559 and HB14/45456 are remitted to the Consumer and Commercial Division for rehearing before a differently constituted Tribunal. Catchwords: Civil and Administrative Tribunal NSW - Appeal Panel - residential building work - Tribunal decided on a basis that was not argued in the proceedings - denial of procedural fairness Legislation Cited: Civil and Administrative Tribunal Act 2013; Home Building Act 1989 Cases Cited: Pavey & Matthews Pty Ltd v Paul [1987] HCA 5; (1987) 162 CLR 221 Warkworth Mining Limited v Bulga Milbrodale Progress Association Inc [2014] NSWCA 105 Category: Principal judgment Parties: Ideal Constructors Pty Ltd – appellant Jardin Wikeepa - respondent Representation: Adams Partners, Lawyers for the appellant Respondent in person File Number(s): AP 14/59816 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 26 November 2014 Before: T Simon, Tribunal Member File Number(s): HB14/34559 and HB14/45456