Solar SG Pty Ltd t/as Solar Service Group v Hufton [2019] NSWCATAP 147

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Solar SG Pty Ltd t/as Solar Service Group v Hufton [2019] NSWCATAP 147 Hearing dates: 22 January 2019 Date of orders: 17 June 2019 Decision date: 17 June 2019 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member Dr J Lucy, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. Catchwords: APPEAL – Leave to appeal on a ground other than a question of law – Whether Tribunal's decision fair and equitable – Whether Tribunal's decision against the weight of evidence – Whether significant new evidence had arisen since the hearing below – Whether leave should be given to admit evidence available below Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Competition and Consumer Act 2010 (Cth) Fair Trading Act 1987 (NSW) Cases Cited: CSR Ltd v Bouwhuis [1991] NSWCA 295 Collins v Urban [2014] NSWCATAP 17 Nominal Defendant v Manning (2000) 50 NSWLR 139 Pholi v Wearne [2014] NSWCATAP 78 Rekrut and Scott v Champion Homes Sales Pty Ltd; Champion Homes Sales Pty Ltd v Rekrut and Scott [2017] NSWCATAP 187 Category: Principal judgment Parties: Solar SG Pty Ltd t/as Solar Service Group (Appellant) Bryan Hufton (Respondent) Representation: Mr D Rogers (Appellant's director) B Hufton (Respondent in person) File Number(s): AP 18/50129 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 14 November 2018 Before: S De Jersey, General Member File Number(s): GEN 18/32662