Tannous v Leedon [2017] NSWCATAP 158

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tannous v Leedon [2017] NSWCATAP 158 Hearing dates: 22 February 2017 Date of orders: 25 July 2017 Decision date: 25 July 2017 Jurisdiction: Appeal Panel Before: M. Craig QC, Principal Member D Goldstein, Senior Member Decision: 1) Leave to appeal refused. 2) Appeal dismissed. 3) Confirm the order made in proceedings HB16/17038 on 23 September 2016 that the Appellant is to pay the Respondent the sum of $77,100 immediately. Catchwords: APPEAL – failure of appellant to appear at hearing below – no adequate explanation provided for that failure – expert evidence filed by the appellant considered by the Member in the decision under appeal – no error of law – leave to appeal required – no evidence provided to found the grant of leave; APPEAL – simultaneous lodging of appeal with an application to set aside the decision of the Member – entitlement to pursue the set aside application doubted – Civil and Administrative Tribunal Regulation, cl 9 Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Regulation 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Shevill v Builders Licensing Board (1982) 149 CLR 620; [1982] HCA 47 Update Constructions Pty Ltd v Rozelle Child Care Centre Ltd (1990) 20 NSWLR 251 Category: Principal judgment Parties: Jacques Tannous (Appellant) Joseph Leedon (Respondent) Representation: Appellant in person Respondent in person File Number(s): AP16/45989 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: - Date of Decision: 23 September 2016 Before: G J Sarginson, General Member File Number(s): HB16/17038