P & N NSW Pty Ltd t/as Euro Solar v Park [2018] NSWCATAP 202

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: P & N NSW Pty Ltd t/as Euro Solar v Park [2018] NSWCATAP 202 Hearing dates: 13 August 2018 Date of orders: 29 August 2018 Decision date: 29 August 2018 Jurisdiction: Appeal Panel Before: R Titterton, Principal Member Dr J Lucy, Senior Member Decision: (1) The appeal is allowed. (2) The orders of the Consumer and Commercial Division of the Civil and Administrative Tribunal in matter HB 18/17338 of 10 May 2018 are quashed. (3) The Appeal Panel having decided to conduct a new hearing pursuant to s 80(3) of the Civil and Administrative Tribunal Act 2013, both parties are to file and serve written submissions by 12 September 2018 in relation to the orders the Appeal Panel should make, and whether the new hearing can be held "on the papers" and without the parties attending a further hearing. (4) Each party may respond to the other party's submissions by 26 September 2018 if they wish. Catchwords: Appeal – adequacy of reasons – where Tribunal failed to adequately reveal the basis of the decision, expressing the specific findings that were critical to the determination of the proceedings - where written reasons materially different to oral reasons Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Akkari v Sartor [2015] NSWCATAP 79 Bar-Mordecai v Rotman [2000] NSWCA 123 Camilleri v Eastlake [2018] NSWCATAP 176 Camilleri v Eastlake [2018] NSWCATAP 176 Collins v Urban [2014] NSWCATAP 17 Hammond v Ozzys Cheapest Cars Pty Ltd [2015] NSWCATAP 65 Hernady v Raccani [2016] NSWCATAP 67 Moloney v Collins [2011] NSWSC 628 Moussa Enterprises Pty Ltd v Stanford [2015] NSWCATAP 99 Negri v Secretary, Department of Social Services (2016) 156 ALD 240 O'Sullivan v Repatriation Commission (2003) 128 FCR 590 Palmer v Clarke [1989] 19 NSWLR 158 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 R v Ireland (1970) 126 CLR 321 Spencer v Bamber [2012] NSWCA 274 Todorovic v Moussa [2001] NSWCA 419 Transport for NSW v Waters [2018] NSWCATAP 200 Texts Cited: M Gleeson, Revising Transcripts of Summings-Up, (1997) 9 Judicial Officers' Bulletin 25 Category: Principal judgment Parties: P & N NSW Pty Ltd t/as Euro Solar, Appellant Biho Park and Eun Hwa Park, Respondents Representation: Solicitors: