Elgun v Green Line Excavations Pty Ltd [2016] NSWCATAP 94

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Elgun v Green Line Excavations Pty Ltd [2016] NSWCATAP 94 Hearing dates: 18 January 2016 Date of orders: 02 May 2016 Decision date: 02 May 2016 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President S Thode, Senior Member Decision: 1. Leave to appeal is refused. 2. The appeal is dismissed. Catchwords: CONSUMER CLAIM –– whether $3,817.35 was a reasonable price for the works carried out – whether appellant denied procedural fairness by not receiving respondent's evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 38, s 80 Civil and Administrative Tribunal Rules 2014 (NSW), cl 13 Consumer Claims Act 1998 (NSW),s 3, s 7, s 8, s 13(1) Fair Trading Act 1987 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 CSR Ltd v Eddy (2008) 70 NSWLR 725 Deputy Commissioner of Taxation v Meredith [2007] NSWCA 354 Fancourt v Mercantile Credits Ltd [1983] HCA 25; (1983) 154 CLR 87 Re Refugee Tribunal; ex parte Aala [2000] HCA 57; (2000) 204 CLR 82 Stead v State Government Insurance Commission (1986) 161 CLR 141 Category: Principal judgment Parties: Alper Elgun (Appellant) Green Line Excavations Pty Ltd t/as NSW Asbestos Removal (Respondent) Representation: Appellant (self-represented) R Ager (Director Green Line Excavations Pty Ltd t/as NSW Asbestos Removal) (Respondent) File Number(s): AP 15/50793 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 10 August 2015 Before: G Meadows File Number(s): GEN 15/38606