Sedghi v Liew
[2024] NSWCATAP 6
At a glance
Source factsCourt
NCAT Appeal Panel
Decision date
2023-11-27
Source
Original judgment source is linked above.
Judgment (15 paragraphs)
Introduction
- This is an appeal from a decision of the Consumer and Commercial Division of the Tribunal ('Tribunal') on 30 August 2023 in matters HB 22/15851 and HB 22/15854 ('Decision').
- In the Decision the Senior Member found in favour of the respondents ('owners') in the sum of $16,878.00 in their application against the appellant ('builder').
- The Senior Member dismissed the builder's application against the owners.
- For the following reasons, we have decided to refuse leave to appeal and to dismiss the appeal.
Plain English Summary for the Parties
- This is a simple summary of our decision on the main points raised by the builder on the appeal which we have provided because English is his second language. The respondents may be in the same position.
- First, an appeal is not a second hearing or a rehearing of the proceedings. With one exception, on an appeal, the appellant must show that the Tribunal made a mistake in reaching its decision on the evidence which the Tribunal was given. If a mistake was not made, the Appeal Panel does not change the decision.
- The exception is where new evidence (evidence not given to the Tribunal) is allowed to be given on an appeal. However, a party cannot provide new evidence on an appeal unless that evidence was not reasonably available to that party at the time of the Tribunal hearing, that is all but impossible to obtain and provide to the Tribunal and the other party for the Tribunal hearing.