Pedonese v McRae [2016] NSWCATAP 101

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pedonese v McRae [2016] NSWCATAP 101 Hearing dates: 12 April 2016 Date of orders: 10 May 2016 Decision date: 10 May 2016 Jurisdiction: Appeal Panel Before: O Shub, Principal Member J Wakefield, Senior Member Decision: Appeal allowed. Catchwords: Administrative law, Civil and Administrative Tribunal (NSW), Flooring, defective workmanship, decision not just and equitable, against the weight of the evidence and new evidence which was not reasonably available at the time of the hearing Legislation Cited: Consumer Claims Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Category: Principal judgment Parties: Tyrone Pedonese (Appellant)

Ian McRae (Respondent) File Number(s): AP 16/05685 Decision under appeal Court or tribunal: Tribunal Jurisdiction: Consumer & Commercial Division Date of Decision: 26 November 2015 Before: K Ross, General Member File Number(s): GEN 15/33987

reasons for decision

Background 1. The Appellant and Respondent entered into a contract for the laying of wooden flooring at the Appellant's home. The Appellant sought an order from the Tribunal that the Respondent pay in compensation of $40,000 for the replacement of flooring laid by the Respondent and the Respondent deposed the order sought. At the Tribunal hearing the Tribunal member, amongst other orders, made an order that the Respondent was to remove the flooring and reinstall it with the industry recommended adhesive and mechanical fixing. The Appellant appealed against that decision. The reasons for decision (the decision) were given on 26 November 2015 and the Notice of Appeal was filed on 3 February 2016 and accordingly required leave of the appeal panel to proceed with the appeal. 2. In light of the settlement, which is referred to below, and in the absence of any objection by the Respondent, we made an order pursuant to section 41 of the Civil and Administrative Tribunal Act 2013 (NSW) (CATA) extending the time for the filing of the appeal to 4 February 2015.