Liang v Wincrest Group Pty Ltd [2018] NSWCATAP 126

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Liang v Wincrest Group Pty Ltd [2018] NSWCATAP 126 Hearing dates: 19 February 2018 Date of orders: 24 May 2018 Decision date: 24 May 2018 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member A Boxall, Senior Member Decision: (1) Leave to appeal refused;

(2) Appeal dismissed;

(3) The respondent to the appeal is to provide to the appellants and the Tribunal written submissions in support of any application for costs of the appeal no later than 14 days after the date of publication of these reasons;

(4) The appellants are to provide to the Tribunal and the respondent written submissions in reply no later than 14 days after the date in order (3); and

(5) Pursuant to s 50 of the Civil and Administrative Tribunal Act 2013 a hearing on the question of costs is dispensed with. Catchwords: APPEAL: Home building – whether denial of procedural fairness – whether apprehended bias – adequacy of reasons - whether error of law established – whether leave to appeal should be granted Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Cases Cited: Armee v Brearley [2017] NSWCATAP 141 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Collins v Urban [2014] NSWCATAP 17 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 197 ALR 389 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited [2013] HCA 46 Hernady v Raccini [2016] NSWCATAP 67 House v The King [1936] HCA 40; (1936) 55 CLR 499 Italiano v Carbone [2005] NSWCA 177 Mesiha v Murrell [2017] NSWCATAP 1 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 O'Neill v T & I Engines Pty Ltd [2015] NSWCATAP 77 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Category: Principal judgment Parties: Min Chen Liang and Xiao Yan Liang (Appellants) Wincrest Group Pty Ltd (Respondent) Representation: Counsel: Mr J Drummond (Appellants)