Dave King Building Services Pty Ltd v LeLievre; LeLievre v Dave King Building Services Pty Ltd [2020] NSWCATAP 204

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dave King Building Services Pty Ltd v LeLievre; LeLievre v Dave King Building Services Pty Ltd [2020] NSWCATAP 204 Hearing dates: 18 May 2020 Date of orders: 02 October 2020 Decision date: 02 October 2020 Jurisdiction: Appeal Panel Before: T Simon, Principal Member S Frost, Senior Member Decision: In AP 20/09999: (1) Leave to appeal is refused. (2) The appeal is dismissed. In AP 20/18810: (1) The application for an extension of time in which to appeal is refused. (2) The appeal is dismissed. Catchwords: APPEAL – expert opinion evidence – failure to refer to or comply strictly with Expert Witness Code – potential conflict of interest – discretion to reject the tender of an expert report filed and served late APPEAL – application for extension of time to lodge appeal – length of delay – prejudice to other party – prospects of success Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Texts Cited: None cited Category: Principal judgment Parties: In AP 20/0999: Dave King Building Services Pty Ltd (Appellant) Stuart Gregory LeLievre (Respondent)

In AP 20/18810: Stuart Gregeory LeLievre (Appellant) Dave King Building Services Pty Ltd (First Respondent) David Warrick King (Second Respondent) Representation: In AP 20/0999: