Slaven v Bryant [2020] NSWCATAP 168

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Slaven v Bryant [2020] NSWCATAP 168 Hearing dates: 29 June 2020 Date of orders: 7 August 2020 Decision date: 07 August 2020 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member G Curtin SC, Senior Member Decision: The appeal is dismissed. Catchwords: APPEALS – from findings of fact – credibility of witnesses – limitation on appeal where findings of fact based on demeanour of witnesses – procedural fairness – bias or apprehension of bias – prior professional association as members of the same chambers – insufficient of its own – requirements to be satisfied BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – definition of dwelling - for use as a residence or for use in conjunction with a dwelling – time for assessment – quantum meruit – benefit when not the owner of the land Legislation Cited: Home Building Act 1989 (NSW), Sch 1 cl 3 Cases Cited: ABB Power Generation Ltd v Chapple [2001] WASCA 412; (2001) 25 WAR 158 Bakarich v Commonwealth Bank of Australia [2010] NSWCA 43 Brenner v First Artists Management Pty Ltd [1993] 2 VR 221 Ebner v Official Trustee in Bankruptcy (2000) HCA 63; (2000) 205 CLR 337 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 GLMC Properties 2 Pty Ltd v Hassarati & Co Pty Ltd [2016] NSWSC 1642 Lee v Lee [2019] HCA 28; (2019) 266 CLR 129 Lumbers v W Cook Builders Pty Ltd (in liq) [2008] HCA 27; (2008) 232 CLR 635 Mann v Paterson Constructions Pty Ltd [2019] HCA 32 R L & D Investments Pty Ltd v Bisby [2002] NSWSC 1082 R J Baker Nominees Pty Ltd v Parsons Management Group Pty Ltd [2009] WASC 206 Wesiak v D & R Constructions (Aust) Pty Ltd [2016] NSWCA 353 Texts Cited: Nil Category: Principal judgment Parties: Darrell James Slaven (Appellant) Emma Louise Bryant (First Respondent) Todd James Bryant (Second Respondent) Representation: Solicitors: Appellant (Self Represented) WMB Lawyers Pty Ltd (Respondents) File Number(s): AP 20/07929 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 24 January 2020 Before: L Wilson, Senior Member File Number(s): HB 18/39732 and HB 18/47788