NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Leisure Brothers Pty Ltd v Smith [2017] NSWCATAP 11 Hearing dates: 2 December 2016 Date of orders: 16 January 2017 Decision date: 16 January 2017 Jurisdiction: Appeal Panel Before: Hon B Tamberlin QC, Principal Member M Harrowell, Principal Member Decision: Leave to appeal is refused and the appeal is dismissed Catchwords: Procedure- Failure to comply with directions, refusal to adjourn hearing.
Evidence- Sufficiency of evidence where no competing evidence, lump sum quotation prepared by reference to detailed scope of work.
Leave to appeal- new evidence not reasonably available at the time of the hearing Legislation Cited: Civil and Administrative Tribunal Act, 2013 Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Khan v Kang [2014] NSWCATAP 48 Mesiha v Murrell [2017] NSWCATAP 1 Category: Principal judgment Parties: Leisure Brothers Pty Ltd (Appellant) Aaron Smith (Respondent) Representation: Appellant in person Respondent in person File Number(s): AP 16/33270 Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 28 June 2016 Before: D Goldstein, Senior Member File Number(s): HB 15/49018
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