Steele Associates Pty Ltd v Downie [2020] NSWCATAP 289

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Steele Associates Pty Ltd v Downie [2020] NSWCATAP 289 Hearing dates: 30 November 2020 Date of orders: 4 February 2020 Decision date: 04 February 2020 Jurisdiction: Appeal Panel Before: T Simon, Principal Member J Lonsdale, Senior Member Decision: (1) Leave to appeal is refused (2) The appeal is dismissed (3) The respondent is to provide to the Appeal Panel and the appellant, either in person or by post, any submissions and documents in relation to any application for costs by 12 February 2021. (4) The appellant is to provide to the Appeal Panel and the costs applicant, 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 - leave to appeal, s 18F defence, against the weight evidence, expert evidence, water ingress Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2013 Home Building Act 1989 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Rice v JR & SD Farmer t/a Urban Bespoke Homes [2020] NSWCATAP 208 Aon Risk Services Limited v Australian National University [2009] HCA 27 Texts Cited: None Category: Principal judgment Parties: Steele Associates Pty Ltd (Appellant) Nicolas and Clare Downie (Respondents) Representation: Counsel: Mr W Marshall (Appellant) Mr B DeBuse (Respondent)