Stevenson & Stevenson v Kearns & Kearns t/as DA & SA Kearns Carpentry & Building [2016] NSWCATAP 151

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stevenson & Stevenson v Kearns & Kearns t/as DA & SA Kearns Carpentry & Building [2016] NSWCATAP 151 Hearing dates: 27 May 2016 Date of orders: 27 May 2016 Decision date: 27 May 2016 Jurisdiction: Appeal Panel Before: J Renwick SC, Senior Member DAC Robertson, Senior Member Decision: (1) To the extent necessary the appellant's time in which to appeal is extended to the date of lodgement.

(2) The decision of Senior Member Cohen dated 12 February 2016 is set aside; and the appeal is allowed

(3) The matter is remitted for reconsideration to a differently constituted Tribunal with such additional evidence as the Member hearing the matter may allow.

(4) Any further evidence to be relied upon at the rehearing is to be filed and served within 28 days. Catchwords: APPEAL AND APPLICATION FOR LEAVE TO APPEAL – Civil and Administrative Tribunal – Error of law – Failure to make necessary findings of fact – Findings made without evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: Walker Corporation v Sydney Harbour Foreshore Authority (2009) 178 LGERA 1 Category: Principal judgment Parties: Appellants: Roy Stevenson and Patricia Stevenson

Respondents: David Kearns and Sheila Kearns trading as DA & SA Kearns Carpentry & Building Representation: Appellants: In person

Respondents: In person File Number(s): AP 16/13160 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 12 February 2016 Before: M Cohen, Senior Member File Number(s): HB 15/33938