Singh v Mohibi t/as Spotless Finishes Painting and Decorating [2018] NSWCATAP 115

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Singh v Mohibi t/as Spotless Finishes Painting and Decorating [2018] NSWCATAP 115 Hearing dates: 8 May 2018 Date of orders: 17 May 2018 Decision date: 17 May 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Perrignon, Senior Member Decision: 1. The appeal is allowed and the decision made on 23 February 2018 is set aside.

2. The proceedings are remitted for rehearing by the Tribunal, the parties being permitted to adduce further evidence. Catchwords: PROCEDURAL FAIRNESS- absence of relevant evidence to support adjournment application- adequacy of reasons for conclusions.

RESIDENTIAL BUILDING WORK- unenforceable contract- requirements for written contract- licence number- statutory warranties- quantum meruit as alternative claim Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 AHB v NSW Trustee and Guardian [2014] NSWCA 40 Category: Principal judgment Parties: Appellant: Harmindar Singh Respondent: Shukrullah Mohibi t/as Spotless Finishes Painting and Decorating Representation: Appellant: In person Respondent: In person

Solicitors: Appellant: Not applicable Respondent: Not applicable File Number(s): AP 18/13866 Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Opportunity Division Citation: Not applicable Date of Decision: 03 February 2018 Before: C Campbell, General Member File Number(s): HB 18/06820