Kay v 3D Design & Build Pty Ltd [2016] NSWCATAP 68

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kay v 3D Design & Build Pty Ltd [2016] NSWCATAP 68 Hearing dates: 14 September 2015 and 19 November 2015 Date of orders: 17 March 2016 Decision date: 17 March 2016 Jurisdiction: Appeal Panel Before: C Fougere, Principal Member K Rosser, Senior Member Decision: 1. The appeal is allowed.

2. The decision made in proceedings HB 14/32008, including the money order made on 30 January 2015, is quashed.

3. The whole of proceedings HB 14/32008 is remitted to the Consumer and Commercial Division, to be heard by a differently constituted Tribunal, in conjunction with any renewal application filed by the appellant.

4. The respondent is to immediately pay to the appellant any sum recovered from the appellant as a consequence of the lifting of the stay order on 15 June 2015. Catchwords: APPEAL – denial of procedural fairness – failure to give opportunity to respond to disputed evidence – determination of application at a directions hearing Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Environmental Planning and Assessment Act 1973 (NSW) Home Building Act 1989 (NSW) Cases Cited: Ayoub v CPT Corp Pty Ltd [2015] NSWCATAP 259 Clements v Independent Indigenous Advisory Committee [2003] FCAFC 143 Italiano v Carbone [2005] NSWCA 177 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Kline v NSW Land and Housing Corporation [2014] NSWCATAP 41 Texts Cited: Nil Category: Principal judgment Parties: Amber Kay (Appellant) 3D Design and Build Pty Limited (Respondent) Representation: Mr Keays – Appellant Mr Pohl – Respondent File Number(s): AP 15/42268 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 15 June 2015 Before: M Cohen, Senior Member File Number(s): HB 14/32008