P&N NSW Pty Ltd v Milovic [2019] NSWCATAP 201

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: P&N NSW Pty Ltd v Milovic [2019] NSWCATAP 201 Hearing dates: 13 June 2019 Date of orders: 09 August 2019 Decision date: 09 August 2019 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member J Kearney, Senior Member Decision: 1. Leave is given to amend the Notice of Appeal to seek leave to appeal out of time and, to the extent necessary, the time to appeal is extended until 4 April 2019.

2. The appeal is allowed and the orders made 5 March 2019 in application GEN 18/4903 are set aside.

3. The proceedings are remitted for rehearing by a differently constituted Tribunal that may permit new evidence. Catchwords: ADMINISTRATIVE LAW – Reasons – breach of warranty – failure to provide adequate reasons Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) Home Building Act, 1989 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Clark v Electrical Home-Aids Pty Ltd [2017] NSWCATAP 37 Collins v Urban [2014] NSWCATAP 17 Escape Media Pty Ltd v Lawler [2018] NSWCATAP Taylor v Peslak [2018] NSWCATAP 57 Texts Cited: Nil Category: Principal judgment Parties: P&N NSW Pty Ltd (Appellant) Slavko Milovic (Respondent) Representation: Y Seomangal (Appellant) S Milovic (Respondent in person (by telephone))