Adam L Robertson Pty Ltd t/as Timber-Tec Flooring & Window Coverings v Leslight [2015] NSWCATAP 237

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Adam L Robertson Pty Ltd t/as Timber-Tec Flooring & Window Coverings v Leslight [2015] NSWCATAP 237 Hearing dates: 23 October 2015 Date of orders: 04 November 2015 Decision date: 04 November 2015 Jurisdiction: Appeal Panel Before: Dr J Renwick SC, Senior Member T Simon, Senior Member Decision: Leave to Appeal refused; appeal otherwise dismissed. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL – Appeal Panel – defective shutters – against weight of evidence – no error of law – leave not granted. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Competition and Consumer Act 2010 (Cth) Consumer Claims Act 1998 (NSW) Fair Trading Act 1987 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Category: Principal judgment Parties: Adam L Robertson t/as Timber-Tec Flooring and Window Coverings (Appellant) Kathryn and Paul Leslight (Respondent) Representation: Mr Robertson with leave for Appellant. No appearance for Respondent. File Number(s): AP 15/44129 Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Date of Decision: 23 June 2015 Before: K Holwell, General Member File Number(s): GEN 14/50824

REASONS FOR Decision

Introduction 1. This appeal and application for leave to appeal concerns the timber shutters installed by the appellant (the builder), in the home of the respondents (the home owners) in 2009. Following previous proceedings in the former Consumer, Trader and Tenancy Tribunal, as discussed below, the home owners succeeded in obtaining an order that the builder pay them $8,000.00 for the damaged shutters. The builder asserts that there are questions of law which arise and other questions on which we should grant leave. For the reasons which follow, we do not consider there are any questions of law before us, and we would not otherwise grant leave. We therefore refuse leave, and otherwise dismiss the appeal.