Williamson v Sovik [2015] NSWCATAP 195

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Williamson v Sovik [2015] NSWCATAP 195 Hearing dates: 31 August 2015 Date of orders: 09 September 2015 Decision date: 09 September 2015 Jurisdiction: Appeal Panel Before: J Redfern, Principal Member R Titterton, Senior Member Decision: In relation to any claims involving an error of law, the appeal should be dismissed.

In relation to any other alleged error, leave to appeal is refused, and the appeal is otherwise dismissed.

The stay of the order of the Tribunal of 18 June 2015 is lifted. Catchwords: APPEAL - Civil and Administrative Tribunal (NSW) –– building dispute –– hearing in absence of party –– whether decision should be set aside –– whether error 'material' –– alleged pre-judgment –– effect of failure to engage in NSW Fair Trading dispute resolution process –– experts reports –– no injustice – appeal dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: AHB v NSW Trustee and Guardian [2014] NSWCA 40 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Collins v Urban [2014] NSWCATAP 17 Category: Principal judgment Parties: Wayne Allan Williamson (Appellant) Sigbjorn Magne Sovik (Respondent) Representation: Nil File Number(s): AP 15/40889 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: NA Date of Decision: 18 June 2015 Before: W Sponza, Member File Number(s): HB 15/09346