Flat Glass Industries Ltd v MCS Builders Pty Ltd [2015] NSWCATAP 148

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Flat Glass Industries Ltd v MCS Builders Pty Ltd [2015] NSWCATAP 148 Hearing dates: 13 May 2015 Date of orders: 22 July 2015 Decision date: 22 July 2015 Jurisdiction: Appeal Panel Before: J Redfern, Principal Member R Titterton, Senior Member Decision: 1. The appeal is allowed, and the orders made at first instance on 10 October 2014 as amended on 2 December are set aside.

2. Remit the matter to the Consumer and Commercial Division of the Civil and Administrative Tribunal, to be determined in accordance with these reasons and otherwise according to law.

3. The appellant is to pay the respondent's costs of the appeal thrown away by the filing of its amended notice of appeal, as agreed or assessed. Catchwords: APPEAL –– expert evidence - no probative value –no basis for opinion expressed - non-compliance with Tribunal Procedural Direction – no evidence to ground significant finding - decision not fair and equitable – costs thrown away by amendment – special circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Auchettl v Kirk [2015] NSWCATAP 6 Australian Broadcasting Tribunal v Bond (1990) 21 ALD 1 Collins v Urban [2014] NSWCATAP 17 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 Davie v The Lord Provost, Magistrates and Councillors of the City of Edinburgh 1953 SC 34 eMove Pty Ltd Naomi Dickinson [2015] NSWCATAP 94 Fordham v Davies [2014] NSWCATAP 60 Kostas V HIA Insurance Services Pty Ltd (2010) 241 CLR 390 Kurmond Homes Pty Ltd v Spiteri [2015] NSWCATAP 48 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Rose Nettis Pty Ltd v Three Tall Trees Pty Ltd [2015] NSWCATAP 51 Texts Cited: Nil Category: Principal judgment Parties: Flat Glass Industries Ltd MCS Builders Pty Ltd Representation: Appellant: Mr D Barnett, of Counsel