Natural Solar Pty Ltd v Lowe [2019] NSWCATAP 252

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Natural Solar Pty Ltd v Lowe [2019] NSWCATAP 252 Hearing dates: 6 August 2019 Date of orders: 10 October 2019 Decision date: 10 October 2019 Jurisdiction: Appeal Panel Before: P Durack, SC – Senior Member G Sarginson – Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. (3) The stay of the orders made on 27 May 2019 is lifted. Catchwords: CONSUMER LAW – whether decision fair and equitable or against the weight of the evidence – new evidence reasonably available at time of hearing – no appellable error shown. Legislation Cited: None cited Cases Cited: Collins v Urban [2014] NSWCATAP 17 Texts Cited: None cited Category: Principal judgment Parties: Natural Solar Pty Ltd (Appellant) Kelly Lowe (Respondent) Representation: Solcitiors: Appellant (Self Represented) Respondent (Self Represented) File Number(s): AP 19/26410 Publication restriction: None Decision under appeal Court or tribunal: Civil & Administrative Tribunal Jurisdiction: Consumer and Commercial Citation: N/A Date of Decision: 27 May 2019 Before: M Eftimiou – General Member File Number(s): GEN 19/10634

REASONS FOR DECISION

Overview 1. This is an appeal from an order of the Tribunal in the Consumer and Commercial Division requiring the appellant to refund the purchase price of a solar system that it supplied to the respondent and which it installed on the roof of the respondent's home in Sydney. The appellant also appeals from an order requiring that it remove the system from the roof. 2. The appellant does not raise any error of law and, accordingly, needs leave to appeal. As to this, the appellant contends that the decision was not fair and equitable for a variety of reasons, including that it was apparent that the system was, in fact, working satisfactorily and that the respondent had benefited from the system over a number of years. 3. In support of these contentions the appellant sought to rely on evidence that existed at the time of the hearing in the Tribunal at first instance which was not presented to the Tribunal. 4. For the reasons set out below, we have decided to refuse leave to appeal and, as a consequence, to dismiss the appeal and order that a stay of the orders be lifted.