Matterson v Sunrise Pools Australia Pty Ltd [2017] NSWCATAP 211

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Matterson v Sunrise Pools Australia Pty Ltd [2017] NSWCATAP 211 Hearing dates: 28 June 2017, further written submissions dated 17July, 27 September, and 18 October, 2017. Date of orders: 09 November 2017 Decision date: 09 November 2017 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Charles, Senior Member Decision: (1) Leave to appeal is refused.

(2) The appeal is allowed in so far as it relates to the claim based upon an alleged defect that the concrete structure of the spa leaks.

(3) Order 3 of the orders made by the Tribunal on 15 February 2017 be set aside.

(4) The claim made by the Appellant based upon an alleged defect that the concrete structure of the spa leaks, but only that claim, be remitted to the Tribunal for redetermination, with the opportunity to be given to the parties to present further evidence in respect of this claim.

(5) The matter be listed for a directions hearing in the Tribunal for the making of directions fixing a date for a new hearing of the claim referred to in Order (4), for the parties to give each other and the Tribunal further evidence in advance of a new hearing, and for the identification of the material to be relied upon by each party from the material already provided by the parties for the purposes of the hearing on 24 November 2016.

(6) All claims made by the Appellant in proceedings HB 16/15856, other than the claim referred to in Order 4, be dismissed.

(7) Within 14 days of the date of these orders, the Appellant is to give to the Respondent and to the Registry written submissions as to: