Peace v McIntosh Electrical Pty Ltd [2016] NSWCATAP 117

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Peace v McIntosh Electrical Pty Ltd [2016] NSWCATAP 117 Hearing dates: 27 April 2016 Date of orders: 07 June 2016 Decision date: 07 June 2016 Jurisdiction: Appeal Panel Before: O Shub, Principal Member T Simon, Senior Member Decision: 1. The appeal is allowed. 2. The decision made on 14 December 2015 is set aside. 3. The matter is remitted for hearing by a differently constituted Tribunal Catchwords: Appeal, Civil & Administrative Tribunal (NSW) – Consumer and Commercial Division – internal appeal – error of law – Standing – Home building jurisdiction – consumer claim –specialist work - Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Consumer Claims Act 1998 (NSW) (Repealed) Fair Trading Act 1987 (NSW) Home Building Act 1989 (NSW) Home Building Regulations 2014 (NSW) Cases Cited: Grygiel v Baine & Ors [2005] NSWCA John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Phillip Peace (appellant) McIntosh Electrical Pty Ltd (respondent) Representation: Appellant, in person, by telephone Mr B McIntosh for the respondent, by telephone File Number(s): AP 15/68081 Publication restriction: Nil Decision under appeal Court or tribunal: Civil & Administrative Tribunal Jurisdiction: Consumer & Commercial Division Date of Decision: 14 December 2015 Before: P Briggs, Member File Number(s): HB 15/63060