Clarke v Bowen [2019] NSWCATAP 163

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Clarke v Bowen [2019] NSWCATAP 163 Hearing dates: 19 June 2019 Date of orders: 03 July 2019 Decision date: 03 July 2019 Jurisdiction: Appeal Panel Before: Armstrong J, President T Simon, Senior Member Decision: (1) Stephen Charles Clarke is joined as an appellant (2) Leave to appeal is refused (3) The appeal is dismissed (4) The stay orders 1-3 made by the Appeal Panel on 24 April 2019 are lifted. (5) The Registry is directed to pay all monies that have been paid by the appellant and held in trust by the Tribunal, to the respondents Jason Bowen and Tiffany Bowen, immediately. Those amounts are to be credited against the money order for the amount of $7,700, made by the Tribunal on 28 March 2019 in matter GEN 19/00602. Catchwords: CONSUMER CLAIM – against the weight of evidence – fair and equitable – excessive damages Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Fair Trading Act 1987 (NSW) Home Building Act 1989 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Hyder Consulting (Aust) Pty Ltd v Wilh Wilmemsen Agency Pty Ltd and Anor [2001] NSWCA 313 Texts Cited: None cited Category: Principal judgment Parties: Dwain Andrew Clarke and Stephen Charles Clarke (Appellants) Jason Bowen and Tiffany Bowen (Respondents) Representation: D Clarke and S Clarke (Appellants in person) J Bowen and T Bowen (Appellants in person) File Number(s): AP 19/17374 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 28 March 2019 Before: S Hausfeld, General Member File Number(s): GEN 19/00602