Keith v Florida Kitchen Centre Pty Ltd [2015] NSWCATCD 131

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Keith v Florida Kitchen Centre Pty Ltd [2015] NSWCATCD 131 Hearing dates: 28 September 2015 Date of orders: 28 September 2015 Decision date: 04 November 2015 Jurisdiction: Consumer and Commercial Division Before: M Harrowell, Principal Member Decision: Written reasons pursuant to Section 62(2) of the Civil and Administrative Tribunal Act 2013. Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act, 1989 Category: Procedural and other rulings Parties: John Robert Keith (Applicant) Florida Kitchen Centre Pty Ltd (Respondent) Representation: Counsel: Not applicable Solicitors: Applicant: B Hoffman, Bradbury Legal Respondent: G Elias, Cadmus Lawyers File Number(s): HB 14/61674 Publication restriction: Nil

reasons for decision 1. These reasons relate to directions made by the Tribunal on 28 September 2015 and a request for written reasons made by Florida Kitchen Centre Pty Ltd, the respondent in application HB 14/61674. 2. The application for request for written reasons was made pursuant to s 62 of the Civil and Administrative Tribunal Act 2013 (NCAT Act). That section provides: 62 Tribunal to give notice of decision and provide written reasons on request (1) The Tribunal (including when constituted as an Appeal Panel) is to ensure that each party to proceedings is given notice of any decision that it makes in the proceedings. (2) Any party may, within 28 days of being given notice of a decision of the Tribunal, request the Tribunal to provide a written statement of reasons for its decision if a written statement of reasons has not already been provided to the party. The statement must be provided within 28 days after the request is made. (3) A written statement of reasons for the purposes of this section must set out the following: (a) the findings on material questions of fact, referring to the evidence or other material on which those findings were based, (b) the Tribunal's understanding of the applicable law, (c) the reasoning processes that lead the Tribunal to the conclusions it made. 1. Section 5 defines a decision to including making, suspending, revoking or refusing to make an order or determination (s 5(1)(a)) and the doing or refusing to do any act or thing (s 5(1)(g)). 2. The request for written reasons was made by email from the solicitor for the respondent dated 9 October 2015. That email was in the following terms: We refer to the above matter. We confirm that we act for the Respondent Florida Kitchen Centre Pty Ltd. We note that the matter was listed on 28 September 2015, whereby Orders were made by the Tribunal Member M Harrowell. We have been instructed to seek written reasons for the orders made on 28 September 2015, in particular Order No 5 relating to the inspection of the premises. We are further instructed to seek written reasons as to why our client's Application for Leave to issue Summons to Produce was refused. Our client intends to review the decision relating to the inspection, in particular of the premises and the refusal to grant Leave to issues Summonses to Produce. 1. These reasons set out the reasons for the Tribunal in making the directions. 2. For the purpose of providing these reasons it is necessary to set out a brief history of the dispute between the parties which is relevant to understanding what directions have been made and why. 3. It is also relevant to record the Tribunal has accessed the audio recording of the directions hearing in preparing these reasons which has not been formally transcribed.