Long v Antoun’s Concrete Pumping Pty Ltd [2019] NSWCATAP 56

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Long v Antoun's Concrete Pumping Pty Ltd [2019] NSWCATAP 56 Hearing dates: 13 February 2019 Date of orders: 15 March 2019 Decision date: 15 March 2019 Jurisdiction: Appeal Panel Before: The Hon F Marks, Principal Member S Thode, Principal Member Decision: (1) Leave to appeal is refused and the appeal is dismissed.

(2) Costs are reserved with liberty to apply which must be exercised within one month of this date.

(3) The work order made on 30 October 2018 is varied as follows.

(a) Should the appellant so elect in writing addressed to Metromix Pty Ltd within 28 days of this decision, being the Appeal Panel decision, Metromix shall within 28 days of notification of the election undertake or cause to be undertaken the following rectification of the appellant's driveway:

(i) Treat the surface with 40:1 hydrochloric acid wash;

(ii) Seal the concrete with CCS Hard Seal to darken the concrete to a wet look; and

(iii) Seal the concrete using CCS tinted sealer or CCS Colourmaster coloured sealer as selected by the applicant.

(4) The appellant is granted leave to renew the proceedings within 12 months of the making of the order pursuant to Schedule 4 clause 8 of the Civil and Administrative Tribunal Act 2013. Catchwords: Appeal and leave to appeal from Consumer and Commercial Division-principles on appeal-held no appellable error demonstrated-leave to appeal refused and appeal dismissed – costs reserved. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Australian Consumer Law Home Building Act Civil and Administrative Tribunal Rules 2014 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Category: Principal judgment Parties: Margaret Long (Appellant) Antoun's Concrete Pumping Pty Ltd (First Respondent) Chady Antoun (Second Respondent) Metromix Pty Limited (Third Respondent) Representation: Self-represented (Appellant)