Rockwell Constructions Pty Ltd v LLamas [2018] NSWCATAP 262

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rockwell Constructions Pty Ltd v LLamas [2018] NSWCATAP 262 Hearing dates: 8 October 2018 Date of orders: 06 November 2018 Decision date: 06 November 2018 Jurisdiction: Appeal Panel Before: R Titterton, Principal Member R Perrignon, Senior Member Decision: (1) Appeal allowed. (2) The orders of the Tribunal in matters HB 16/51356 and HB 17/04946 of 23 May 2018 set aside. (3) The matters are remitted to the Consumer and Commercial Division of the Tribunal constituted by a different member other than a member who determined the matter. (4) If either party wishes to apply for a costs order other than an order that the respondent pay the appellant's costs as agreed or assessed, that party is to file and serve written submissions by 20 November 2018. (5) The other party may file and serve submissions in response by 4 December 2018. Catchwords: ERROR OF LAW – adequacy of reasons Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Beale v GIO of NSW (1997) 48 NSWLR 430 Fink v Fink (1946) 74 CLR 127 O'Brien v Twyman [2016] NSWCATAP 125 Wesfarmers General Insurance Ltd v Jameson [2016] NSWCATAP 136 Texts Cited: Nil Category: Principal judgment Parties: Rockwell Constructions Pty Ltd (Appellant) Rafael Llamas (First Respondent) Kay Llamas (Second Respondent) Representation: Counsel: M Sneddon (Appellant) J Gatland (Respondent)