Wilson v AR Browning Nominees Pty Ltd t/as Ad-Built; AR Browning Nominees Pty Ltd t/as Ad-Built v Wilson [2015] NSWCATAP 238

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wilson v AR Browning Nominees Pty Ltd t/as Ad-Built; AR Browning Nominees Pty Ltd t/as Ad-Built v Wilson [2015] NSWCATAP 238 Hearing dates: 2 September 2015 Date of orders: 05 November 2015 Decision date: 05 November 2015 Jurisdiction: Appeal Panel Before: A P Coleman SC, Senior Member Ms T Simon, Senior Member Decision: (1) In appeal AP 14/54862 the appeal is allowed and the order that the respondent pay to the appellant the sum of $34,162.26 is set aside. (2) In appeal AP 14/57320 the appeal is allowed and the order that the respondent pay to the appellant the sum of $34,162.26 is set aside. (3) The matters are remitted to the Tribunal as previously constituted to determine the quantum of the loss suffered by the appellant to be paid by respondent to the appellant (the remitted hearing). (4) Orders 1 and 2 above are not to take effect until the determination of the remitted hearing. (5) The Tribunal is to list the matters for the purposes of making such directions as it thinks fit for the service of additional evidence by the parties, such evidence to be limited to evidence, including expert evidence, as to the cost of rectifying any defects found as a result of the work undertaken by the respondent and otherwise to make the matter ready for the remitted hearing including to determine the issue of costs of the proceedings. (6) There be no order as to costs of the appeals. Catchwords: APPEAL: Procedural fairness- misapprehension of effect of Tribunal directions- failure to allow new evidence- failure of Tribunal to explain right to cross examine- whether appellant can rely on new evidence on appeal. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Gallo v Duflou [2014] NSWCATAP 115 at [21]- [42] Mikel v Dudley [2008] NSWSC 1090 Re Minister for Immigration and Multicultural and Indigenous Affairs: Ex Parte Lam (2003) 214 CLR 1 White v Carlton Tow Bars Pty Ltd [2015] NSWCATAP 8 Category: Principal judgment Parties: Vicki Wilson: Appellant AP 14/54862; Respondent AP 14/57320 AR Browning Nominees Pty Ltd t/as Ad-Built: Appellant AP 14/57320; Respondent AP 14/54862 Representation: Counsel: J Mack for Ms Wilson J Mobellan for AR Browning Nominees Pty Ltd File Number(s): AP 14/54862; AP 14/57320 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 08 October 2014 Before: Mr G Meadows, Senior Member File Number(s): HB 12/20525