D'Alessandro v North End Tiling Pty Ltd

D’Alessandro brought an action against North End Tiling in the Civil and Administrative Tribunal seeking payment for tiling work completed. The tribunal found that the respondent was liable for the debt, and D’Alessandro was awarded the amount claimed. North End Tiling appealed to the Civil Appeal Tribunal seeking leave to appeal the decision of the tribunal. The primary issues for determination were whether the grounds for leave to appeal existed in respect of the tribunal’s decision to hold the respondent personally liable and in respect of the tribunal’s refusal to accept the written submissions of the respondent. The appeal tribunal found that neither issue presented a sufficient ground for leave to appeal. The appeal tribunal held that the respondent’s argument that the identity of the contracting party was not resolved by the tribunal was without merit because the respondent’s personal liability was established on other grounds. The appeal tribunal further found that the respondent had affirmed to the tribunal that he had covered all of the contents of his submissions during the hearing and therefore the tribunal’s decision to not take the written submissions was not erroneous. Leave to appeal was refused.