Sproule v D P James Carpet Laying Pty Ltd [2018] NSWCATAP 177

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sproule v D P James Carpet Laying Pty Ltd [2018] NSWCATAP 177 Hearing dates: 5 July 2018 Date of orders: 05 July 2018 Decision date: 19 July 2018 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member D Goldstein, Senior Member Decision: 1. Leave to appeal on a ground other than a question of law is refused. 2. Appeal dismissed. 3. Order that the monies held by the Civil and Administrative Tribunal pursuant to the order made on 17 May 2018 be released to the respondent forthwith. 4. The parties are to pay his and its own costs of the appeal. Catchwords: APPEALS – admission of fresh evidence – rules of evidence – weight of evidence – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 No. 2 (NSW), s 38(2), Sch 4 cl 12(1) Evidence Act 1995 (NSW), ss 76, 79 Fair Trading Act 1987 (NSW), s 79N Cases Cited: Allen v TriCare (Hastings) Ltd [2016] NSWCATAP 216 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Coulton v Holcombe [1986] HCA 33; (1986) 162 CLR 1 Haines v Leves (1987) 8 NSWLR 442 Hancock v East Coast Timber Products Pty Ltd [2011] NSWCA 11; (2011) 80 NSWLR 43 Metwally v University of Wollongong [1985] HCA 28; (1985) 59 ALJR 481 Minister Administering the Crown Lands Act v New South Wales Aboriginal Land Council [2016] NSWCA 253 Re R [2000] NSWSC 866 Category: Principal judgment Parties: Matthew Sproule (appellant) D P James Carpet Laying Pty Ltd (respondent) Representation: J Lawrence (counsel for the appellant) D Smith (director of the respondent) File Number(s): AP 18 / 20981 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 13 April 2018 Before: S Smith, General Member File Number(s): GEN 17 / 50337