Gussoni v Wilcox [2016] NSWCATAP 74

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gussoni v Wilcox [2016] NSWCATAP 74 Hearing dates: 3 December 2015 Date of orders: 06 April 2016 Decision date: 06 April 2016 Jurisdiction: Appeal Panel Before: A Coleman SC, Senior Member J Lucy, Senior Member Decision: 1. Appeal allowed. 2. The decision under appeal is set aside and the proceedings are remitted to a differently-constituted Tribunal for determination in accordance with law. Catchwords: Home Building – Building claim - Objections as to evidence allegedly not dealt with by Tribunal – Whether evidence inadmissible – Whether right to cross examine denied – Adequacy of reasons – Whether Tribunal exposed its reasons for resolving points critical to the contest between the parties – Whether Tribunal failed to analyse the applicant's evidence in competition with the respondent's evidence which was apparently accepted – Failure to provide adequate reasons established Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Aavelaid v J.A. Hayek t/as Laing & Simmons [2015] NSWCATAP 130 Attorney-General (NSW) v Quin (1990) 170 CLR 1 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Beale v Government Insurance Office NSW (1997) 48 NSWLR 430 at 443 Chi Building Pty Ltd v Wedgewood [2016] NSWCATAP 64 Donoghoe v Compass Housing Services [2015] NSWCATAP 97 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Kendray v New South Wales Land and Housing Corporation [2015] NSWCATAP 139 Khatter v Mourched t/as High Performance Bricklaying [2003] NSWCTTT 305 McPherson v Mace [2015] NSWCATAP 203 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Soliman v University of Technology Sydney (2012) 207 FCR 277 SZMWQ v Minister for Immigration & Citizenship (2010) 187 FCR 109; [2010] FCAFC 97 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 75 ALD 630 Yong v Antworks Pty Ltd [2016] NSWCATAP 14 Category: Principal judgment Parties: Mariella Gussoni (Appellant) Daniel John Wilcox (Respondent) Representation: Counsel: T Davie (Respondent)