Hope v Hutchings; Hutchings v Hope [2021] NSWCATAP 19

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hope v Hutchings; Hutchings v Hope [2021] NSWCATAP 19 Hearing dates: 18 May 2020 Date of orders: 4 February 2021 Decision date: 04 February 2021 Jurisdiction: Appeal Panel Before: T Simon, Principal Member S Frost, Senior Member Decision: (1) Leave to appeal is refused (2) The appeal is dismissed (3) If either party seeks to make an application for costs that they are to provide to the Appeal Panel and the other party the application in writing, either in person or by post, any submissions and documents in relation to any application for costs by 12 February 2021. (4) The respondent to any cost's application is to provide to the Appeal Panel and the costs applicant in writing, either in person or by post, submissions and documents on costs by 19 February 2021. (5) Costs will be determined on the papers. If either party seeks to be heard in person, they should advise the Registry prior to 19 February 2021 setting out the reasons why and the Appeal Panel will advise of the decision in due course. Catchwords: HOME BUILDING – time limitation, building claim, sham contract, against the weight of evidence, subjective intention. Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: Baron Corporation Pty Ltd v Owners of Strata Plan 69567 [2013] NSWCA 238 Briginshaw v Briginshaw [1938] HCA 34 Hutchings v Hope [2019] NSWCATAP 59 Lewis v Condon [2013] NSWCA 204 Mann v Paterson Constructions Pty Ltd [2019] HCA 32; [2019] 373 ALR 1 Morgan v 45 Flers Avenue Pty Ltd (1986) 10 ACLR 692 Texts Cited: None Cited Category: Principal judgment Parties: AP 20/03657: John Laurence Hope (Appellant) (Builder) Matthew Hutchings and Victoria Hutchings (Respondent) (Homeowners)