DB Homes Australia Pty Ltd v Zhao [2020] NSWCATAP 206

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DB Homes Australia Pty Ltd v Zhao [2020] NSWCATAP 206 Hearing dates: 3 February 2020 and 1 April 2020 Date of orders: 12 October 2020 Decision date: 12 October 2020 Jurisdiction: Appeal Panel Before: S Higgins, Senior Member G Walker, Senior member Decision: (1) The appeal is allowed in part. (2) Order 2, made by the Tribunal on 10 September 2019 is varied by deleting: (a) '09-Oct-2019' and inserting '[a date which is 4 weeks after the publication of these reasons for decision], and (b) 'shared between the parties' and inserting 'paid by DB Homes Australia Pty Ltd.' (3) The appeal is otherwise dismissed. Catchwords: APPEAL – home building contract – construction of terms of the agreement - whether the agreement included the disputed stormwater drainage work Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: Barton v Calliden Insurance Ltd [2015] NSWCATAP 202 Cherry v Steele-Park [2017] NSWCA 295 Codelfa Construction Pty Ltd v State Rail Authority of NSW [1982] HCA 24; (1982) 149 CLR 337 Cominos v Di Rico [2016] NSWCATAP 5 Francis v Lyon (1907) 4 CLR 1023 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: None cited Category: Principal judgment Parties: DB Homes Australia Pty Ltd (Appellant) Dong Zhao (First Respondent) Jun Xia (Second Respondent) Representation: Solicitors: M Fareh & J Taouk (Project Managers)(Appellant) First Respondent (Self Represented) Second Respondent (Self Represented) File Number(s): AP 19/45174 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 10 September 2019 Before: J Halbert, Senior Member File Number(s): HB 19/25591