Shaw Plumbing Pty Ltd v Sparksman [2015] NSWCATAP 167

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shaw Plumbing Pty Ltd v Sparksman [2015] NSWCATAP 167 Hearing dates: 31 July 2015 Date of orders: 12 August 2015 Decision date: 12 August 2015 Jurisdiction: Appeal Panel Before: A P Coleman SC, Senior Member D Goldstein, Senior Member Decision: 1. Leave to appeal refused 2. Appeal Dismissed Catchwords: APPEAL: leave – no errors of law; new evidence- no reasonable explanation as to non-availability at hearing Legislation Cited: Civil and Administrative Tribunal Act (NSW) 2013 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Category: Principal judgment Parties: Shaw Plumbing Pty Ltd – Appellant Marie Frances Sparksman - Respondent Representation: Counsel: n/a

Solicitors: n/a File Number(s): AP 15/12352 Publication restriction: Nil Decision under appeal Court or tribunal: NCAT Jurisdiction: Consumer & Commercial Division Date of Decision: 27 February 2015 Before: J A Ringrose, Member File Number(s): HB 14/04393

REASONS FOR DECISION

Overview 1. This is an application for leave to appeal and an appeal from a decision of the Consumer & Commercial Division of the Tribunal in which the Appellant, a builder, was ordered to pay the sum of $ 26,678.50 to the Respondent. The order for payment arose from building works that were preformed by the Appellant at the Respondent's home which had been developed and built by the Appellant. 2. The Appellant seeks leave to appeal from the decision below on the basis that the decision was not fair and equitable. It also seeks to reply on new expert evidence. The Appellant originally also sought to argue that the decision was against the weight of the evidence but abandoned that ground at the hearing of the appeal. It sought to argue, however, that the Tribunal erred in rejecting certain evidence that it wanted to rely on at the hearing. 3. For the reasons that follow we are of the opinion that the Appellant does not succeed on any of its arguments. We refuse the Appellant leave to rely on the new evidence. We refuse leave to appeal and dismiss the appeal.