McPherson v Mace [2015] NSWCATAP 203

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McPherson v Mace [2015] NSWCATAP 203 Hearing dates: 25 September 2014 Date of orders: 22 September 2015 Decision date: 22 September 2015 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Titterton, Senior Member Decision: (1) The appeal is allowed in part.

(2) The award of $32,626.71 is varied to $18,394.44 by excluding the sum of $14,229.27 in respect of item 2 referred to in the reasons for decision dated 25 September 2014

(3) The proceedings are remitted to the Consumer and Commercial Division of the Civil and Administrative Tribunal constituted by the member who made the original decision, to determine in accordance with these reasons and otherwise according to law:

(a) The issue of what, if any, award should be made in favour of the applicant against the respondent in application HB 13/02916 in respect of the claim identified as item 2 in these reasons; and

(b) Whether the award should otherwise be varied to correct any mathematical error.

(4) Save as provided above, the appeal is dismissed.

(5) Any application for costs is to be filed and served within 7 days from the date of these orders. Any application is to include written submissions and any other material to be relied upon in support of the application.

(6) The party against whom any application for costs is made must file and serve any submissions and material in reply within 14 days from the date of these orders.

(7) The applicant for costs is to file any submissions in reply within 21 days from the date of these orders.