Menaker v Adambuilt Pty Ltd [2019] NSWCATAP 117

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Menaker v Adambuilt Pty Ltd [2019] NSWCATAP 117 Hearing dates: 22 January 2019 Date of orders: 06 May 2019 Decision date: 06 May 2019 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member Dr J Lucy, Senior Member Decision: 1. The time to lodge the appeal is extended to 13 November 2018. 2. Leave to appeal refused. 3. Appeal dismissed. Catchwords: APPEAL – consent orders – whether basis on which to set aside - joinder of additional party – whether denial of procedural fairness – whether significant new evidence not reasonably available Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 Commissioner of Police, New South Wales Police Force v Fine [2014] NSWCA 327 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 McDonald v McDonald [2016] NSWCATAP 252 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Levi Menaker (Applicant) Adambuilt Pty Ltd (Respondent) Representation: Appellant in person Adam Montanari (Respondent) File Number(s): AP 18/48925 Publication restriction: No Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 03 September 2018 Before: D Moss, General Member File Number(s): HB 18/24908