Lysle v Stewart [2019] NSWCATAP 296

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lysle v Stewart [2019] NSWCATAP 296 Hearing dates: 29 April 2019 Date of orders: 10 December 2019 Decision date: 10 December 2019 Jurisdiction: Appeal Panel Before: T Simon, Principal Member A Boxall, Senior Member Decision: (1) Leave to appeal is refused (2) The appeal is dismissed Catchwords: APPEAL – Home Building, jurisdiction, transfer, leave to appeal, no issue of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Roberts v Chan & Naylor Parramatta Pty Ltd [2018] NSWCATAP 69 Texts Cited: None cited Category: Principal judgment Parties: Rebecca Lysle (Appellant) Paul Stewart (First Respondent) Gary Cheshire (Second Respondent) Representation: None File Number(s): AP 19/00077 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 03 December 2018 Before: L Wilson, Senior Member File Number(s): HB 18/36330; 18/36330

reasons for decision

Background 1. This is an internal appeal pursuant to s 80(2) of the Civil and Administrative Tribunal Act 2013 (NCAT Act) against a decision made in the Consumer and Commercial Division of the Tribunal on 3 December 2018. 2. For the reasons set out below, we have decided to refuse- to grant leave to appeal and to dismiss the appeal.