Appeal dismissed, but tribunal confirms electrician is not the builder named in a 2021 order (NCAT, 2026)

What happened

In 2021 a homeowner brought a claim in the tribunal against a builder who had built an outdoor kitchen at his home in Wattle Grove, New South Wales. The work was done around December 2020 and January 2021. It included brick piers, outdoor cabinetry and a stone benchtop. Both the homeowner and the builder took part in a contested hearing in June 2021. In November 2021 the tribunal ordered the builder to pay the homeowner $3,488.36 by 22 November 2021. The homeowner later told the Appeal Panel that the builder had already paid.

The person who brought this appeal holds a contractor licence as an electrical supervisor. He works mainly on electrical infrastructure and maintenance at public hospitals, factories and commercial and resource-industry projects. His name uses the same two given names as the builder, but in the opposite order. He had nothing to do with the 2021 case and had never done any work for the homeowner.

In May 2026 the electrician tried to renew his contractor licence through Service NSW. He was told the renewal had been blocked by the Home Building Licensing Department. When he called the department, he was told this was because the tribunal had made an order against him. After asking the tribunal registry, he learned about the 2021 case in June 2026 and lodged an appeal.

The Appeal Panel accepted his evidence that the refusal to renew his licence had caused him significant financial and other stress. At the appeal hearing, the homeowner said he had never seen the electrician before and confirmed he was not the builder who had built the outdoor kitchen.

What each side wanted

The electrician asked the Appeal Panel to set aside the 2021 orders. He argued that the original decision was procedurally unfair to him. Procedural fairness means a person gets proper notice and a chance to be heard before a decision is made against them. He said the tribunal had used the wrong test to identify the respondent and had made a money order against him even though he was never served, notified, joined to the case or given a chance to be heard. The homeowner, who represented himself, confirmed that the electrician was not the builder and that the builder had already paid the amount ordered.

What the tribunal decided

The Appeal Panel dismissed the appeal. It did not set aside or change the 2021 orders.

It did add a formal note to its orders. The note says that the person referred to in order 1 of the 2021 orders (the order to pay $3,488.36) is not the electrician who holds contractor licence number 75545S under the Home Building Act 1989 (NSW). The Panel said it expected that the electrician could give this note and its written reasons to the Home Building Licensing Department, so the mistake could be fixed and his licence renewed, all other things being equal.

Why the tribunal decided it that way

The appeal was made under section 80 of the Civil and Administrative Tribunal Act 2013 (NSW). Section 80(1) says an appeal may be made by a party to the proceedings in which the decision was made. The electrician was not a party to the 2021 case, so he had no standing to appeal. Standing means the legal right to bring a case.

The Panel also rejected the procedural fairness argument. It said there could be no unfairness to the electrician in the 2021 case because the orders were not made against him. They were made against a different person, the builder. The builder was properly served, attended the hearing and, from the written reasons, had a proper chance to answer the homeowner's case. The homeowner's original claim was that the builder's work breached the statutory warranties in section 18B of the Home Building Act. These are promises about the quality of residential building work that the law automatically includes.

The Panel said that even if the electrician did have standing, it could see no error of law in the 2021 decision and no reason to grant leave to appeal. Leave to appeal is permission to appeal on grounds other than a legal error. The Panel had discussed with the parties whether it could extend the time to appeal and add a clarifying order to the 2021 orders. It decided it could not set aside or amend those orders.

The Panel found that the electrician was the victim of a mistake that seems to have arisen after the 2021 case ended, where his name was confused with the builder's. It was comfortably satisfied, on the evidence and the homeowner's confirmation, that they are different people. It decided the right course was to dismiss the appeal and add a note making this plain.

What this means if you are in a similar position

If you are in a similar position, this decision shows that only a party to the original case can appeal a tribunal decision under section 80 of the NCAT Act. Being affected by an order, or being mistaken for the person named in it, does not by itself make someone a party. An appeal brought by a non-party can be dismissed for that reason alone, even where the tribunal accepts that the person has been treated unfairly by a mix-up.

The decision also shows that the Appeal Panel may still record a formal note confirming who an order does and does not apply to. Here, the Panel intended that note, together with its written reasons, to be used to correct a licensing record. It did not order the licensing department to do anything, and the result in any other case will depend on its own facts.

People caught up in a records or identity mix-up usually start by setting out the problem in writing to the agency or registry involved, with evidence of who they are. They then consider an application to the tribunal if the matter is not resolved.

How to apply: our step-by-step guide to a NCAT application. More decisions: NCAT cases and builders and building defects.

Source: Patel v Samuel [2026] NSWCATAP 311 (read the full decision). This summary was prepared from the published decision for general information. It is not legal advice, and the tribunal’s own reasons are the authoritative record.