Mo v ABC Homes NSW Pty Ltd [2019] NSWCATAP 16

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mo v ABC Homes NSW Pty Ltd [2019] NSWCATAP 16 Hearing dates: 11 December 2018 Date of orders: 01 February 2019 Decision date: 01 February 2019 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President J McAteer, Senior Member Decision: Appeal dismissed. Catchwords: CONTRACT INTERPRETATION – Fresh evidence on appeal Legislation Cited: Civil and Administrative Tribunal Rules 2014 Civil and Administrative Tribunal Act 2013 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Shu Chi Leung Mo (Appellant) ABC Homes NSW Pty Ltd (Respondent) Representation: S C L Mo (Self Represented) (Appellant) ABC Homes NSW Pty Ltd (Self Represented) (Respondent) File Number(s): AP18/41210 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 15 August 2018 Before: C Paull, Senior Member File Number(s): HB 17/16698 & 17/37202

REASONS FOR DECISION

Background 1. This is an appeal from a decision made in the Consumer and Commercial Division of the Tribunal published on 15 August 2018 (which we will refer to as the Decision). The Decision concerned two applications: one brought by the appellant (the homeowner) and the other, an application brought by the respondent to the appeal (the builder). Both applications were dismissed. The homeowner appeals the Decision in respect of her application.