Lisle v Price [2017] NSWCATAP 208

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lisle v Price [2017] NSWCATAP 208 Hearing dates: 17 October 2017 Date of orders: 01 November 2017 Decision date: 01 November 2017 Jurisdiction: Appeal Panel Before: K O'Connor, AM, ADCJ (Deputy President, Appeals) G Sarginson (Senior Member) Decision: Appeal dismissed Catchwords: CONSUMER CLAIM – Motor vehicle – Various modifications made to engine assembly and other aspects of old unregistered motor vehicle to enable return to road – Finding that repairer failed to exercise due care in certain respects – Ordered to pay compensation – Appeal by repairer - Whether accorded procedural fairness – Alleged failure by Tribunal to give notice of directions hearing and subsequently notice of the orders made – Not proven – Reliance as to defective work on quotes and assessments given by later repairers - Not in conformity with Tribunal's Procedural Direction on Expert Witnesses –- No opportunity given to cross examine those repairers - held no denial of procedural fairness in relation to either matter – appeal dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Assistant Commissioner Condon v Pompano Pty Ltd [2013] HCA 7; (2013) 252 CLR 38 House v R [1936] HCA 40; (1936) 55 CLR 499 Khan v Kang [2014] NSWCATAP 48 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1, 14 Category: Principal judgment Parties: Mathew Bruce Lisle (Appellant) Luke Price (Respondent) Representation: Solicitors: GTC Lawyers (Appellant) In person (Respondent) File Number(s): 17/37005 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer Claims Division Citation: n/a Date of Decision: 15 August 2017 Before: G. Kinsey, General Member File Number(s): MV 17/01500