Andy and Patrick Floor Covering Pty Ltd t/as Silver Trading Timber Floor v Li [2018] NSWCATAP 172

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Andy and Patrick Floor Covering Pty Ltd t/as Silver Trading Timber Floor v Li [2018] NSWCATAP 172 Hearing dates: 28 June 2018 Date of orders: 18 July 2018 Decision date: 18 July 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Titterton, Principal Member Decision: 1. By consent, pursuant to s 80(3) of the Civil and Administrative Tribunal Act 2013 (NSW) the appeal is to be dealt with by way of a new hearing.

2. Order 1 made 1 May 2018 in application GEN 17/51976 is confirmed, subject to the name of the respondent in that order being amended to Andy and Patrick Floor Covering Pty Ltd t/as Silver Trading Timber Floor. Catchwords: PRACTICE AND PROCEDURE – Section 80(3) of the Civil and Administrative Tribunal Act 2013 (NSW) – determination of appeal by way of rehearing

CONSUMER LAW – whether Expert Report – whether sufficient to prove claim Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Alliance Motor Auctions Pty Ltd v Saman [2018] NSWCATAP 137 Davies v Taylor [1972] 3 All ER 836 Forster v Hunter New England Area Health Service [2010] NSWCA 106 Khan v Kang [2014] NSWCATAP 48 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; (2001) 52 NSWLR 705 Texts Cited: Halsbury's Laws of Australia (online) Category: Principal judgment Parties: Andy and Patrick Floor Covering Pty Ltd (Appellant) Ning Li (Respondent) Representation: Mr Yu, director (Appellant) Respondent - self-represented File Number(s): AP 18/21741 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: n/a Date of Decision: 1 May 2018 Before: M Eftimou, General Member File Number(s): GEN 17/51976