Cominos v Di Rico [2016] NSWCATAP 5

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cominos v Di Rico [2016] NSWCATAP 5 Hearing dates: 4 November 2015 Date of orders: 06 January 2016 Decision date: 06 January 2016 Jurisdiction: Appeal Panel Before: J Redfern, Principal Member K Rosser, Senior Member Decision: 1. Leave to appeal refused 2. Appeal otherwise dismissed 3. Stay of orders made in respect of costs application lifted Catchwords: APPEAL – Civil and Administrative Tribunal – home building – whether denial of procedural fairness –self-represented litigant – nature of proceedings explained by the Tribunal – conduct of hearing not unfair – new evidence submitted after hearing concluded – considered but given little weight – no denial of procedural fairness – leave to appeal refused – appeal dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Home Building Regulation 2004 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Bauskis v Liew [2013] NSWCA 297 Collins v Urban [2014] NSWCATAP 17 Hamod v State of New South Wales [2011] NSWCA 367 Khan v Kang [2014] NSWCATAP 48 Pavey & Matthews Pty Ltd v Paul [1987] HCA 5; (1987) 162 CLR 221 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: K Mason, JW Carter, and GJ Tolhurst, Restitution Law in Australia (2nd ed 2008,Lexis Nexis Butterworths) Category: Principal judgment Parties: Mr Dion Cominos (the Appellant) Mr Antonio Di Rico and Mrs Marianna Di Rico t/as Tony Di Rico Building Services (the Respondents) Representation: The Appellant, self-representation The Respondents, self -representation File Number(s): AP 15/46334 Publication restriction: NIL Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: NA Date of Decision: 30 June 2015 Before: D Charles, Member File Number(s): HB 14/18936 and HB 14/18947