J Evers Pty Ltd t/as The Plumbing and Electrical Doctor v Rolt [2018] NSWCATAP 150

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: J Evers Pty Ltd t/as The Plumbing and Electrical Doctor v Rolt [2018] NSWCATAP 150 Hearing dates: 14 May 2018 Date of orders: 14 June 2018 Decision date: 14 June 2018 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member D Fairlie, Senior Member Decision: (1) J Evers Pty Limited trading as the Plumbing and Electrical Doctor be substituted as the appellant. (2) Leave to appeal refused. (3) Appeal dismissed. Catchwords: APPEAL – Residential building work – Whether error of law – 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: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Allen v TriCare (Hastings) Ltd [2016] NSWCATAP 216 Bradshaw v Complete Coating Commercial Pty Limited [2017] NSWCATAP 20 Collins v Urban [2014] NSWCATAP 17 Leisure Brothers Pty Ltd v Smith [2017] NSWCATAP 11 Pavey & Matthews v Paul (1987) 162 CLR 221 Prendergast v Western Irrigation [2014] NSWCATAP 69 Sopov v Kane Constructions [2009] VSCA 216 XDX [2014] NSWCATGD 38 Texts Cited: NCAT Procedural Direction 3 Category: Principal judgment Parties: J Evers Pty Ltd Trading as The Plumbing and Electrical Doctor (Appellant) Patricia Rolt (Respondent) Representation: Solicitors: Bilbie Dan Solicitors (Appellant) Respondent in person File Number(s): AP 18/07844 Publication restriction: No Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 22 December 2017 Before: K Ross, Senior Member File Number(s): HB 17/39666