Quinn v Montgomery Homes Pty [2015] NSWCATAP 193

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Quinn v Montgomery Homes Pty [2015] NSWCATAP 193 Hearing dates: On the papers Date of orders: 09 September 2015 Decision date: 09 September 2015 Jurisdiction: Appeal Panel Before: S Higgins, Principal Member K Rosser, Senior Member Decision: 1. The application of Montgomery Homes to rely on further evidence in this appeal is refused.

2. Mr Quinn's application for leave to appeal is refused.

3. Mr Quinn's appeal is dismissed.

4. Montgomery Home's application for costs is dismissed. Catchwords: ADMINISTRATIVE LAW – internal appeal - appeal on a question of law – adequacy of reasons – Tribunal failed to expressly state its findings on specific aspects of the appellant's claim – whether appellant may have suffered a substantial miscarriage of justice Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Beale v Government Insurance Office of New South Wales (1997) 48 NSWLR 430 Collins v Urban [2014] NSWCATAP 17 Sydney Supermarkets PTY Ltd v Xu [2009] NSWADTAP 28 Category: Principal judgment Parties: Jason Quinn (appellant) Montgomery Homes Pty Ltd (respondent) Representation: Counsel: S J McMahon for the appellant

Solicitors: Wayne Hodgins Solicitors for the appellant Wide Legal for the respondent File Number(s): AP 14/58735 Decision under appeal Court or tribunal: Consumer and Commercial Division of the Tribunal Citation: (unreported 12 November 2014) Date of Decision: 12 November 2014 Before: N Corey, Tribunal Member File Number(s): HB 14/34442 HB 14/42450