DB Homes Pty Ltd v D’Souza [2020] NSWCATAP 104

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DB Homes Pty Ltd v D'Souza [2020] NSWCATAP 104 Hearing dates: 5 May 2020 Date of orders: 10 June 2020 Decision date: 10 June 2020 Jurisdiction: Appeal Panel Before: T. Simon. Principal Member D. Goldstein. Senior Member Decision: (1) Leave to appeal is refused. (2) The Appeal is dismissed. Catchwords: HOME BUILDING – Contract completion date - Delay damages for late completion- new evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: B & M Mitchell Pty Ltd v Mikell Investments Pty Ltd & Divlist Pty Ltd t/as Contemporary Homes [2018] NSWCATAP 35 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Mount Bruce Mining Pty Limited v Wright Prospecting Pty Limited (2015) 256 CLR 104 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Scarano v Palm Pools and Spas Pty Ltd [2019] NSWCATAP 79 Texts Cited: None Cited Category: Principal judgment Parties: DB Homes Pty Ltd (Appellant) Nelson D'Souza (First Respondent) Niliya D'Souza (Second Respondent) Representation: Solicitors: Appellant (Self Represented) Respondents (Self Represented) File Number(s): AP 20/07952 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Nil Date of Decision: 24 January 2020 Before: J. Ringrose File Number(s): HB 19/44664