Robinson v Hindmarsh Construction Australia Pty Ltd [2021] NSWCATAP 51

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Robinson v Hindmarsh Construction Australia Pty Ltd [2021] NSWCATAP 51 Hearing dates: 4 March 2021 Date of orders: 9 March 2021 Decision date: 09 March 2021 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President G Curtin SC, Senior Member Decision: 1. Leave to appeal is refused and the appeal is dismissed. 2. Each party to bear his and its own costs of the appeal. Catchwords: BUILDING AND CONSTRUCTION - Home Building Act 1989 (NSW) - statutory warranty - proceedings for breach – relevance of contract – identification of contract to perform residential building work – relevance to statutory warranties APPEALS - procedural fairness - failure to give reasons - adequacy of reasons – evidence not referred to – whether evidence important or critical to resolving the particular issue – whether an inference could be drawn that the evidence was overlooked Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW), s 18B, 18D Cases Cited: Choi v University of Technology Sydney [2020] NSWCATAP 18 Feng v OzWood (Australia) Pty Ltd [2020] NSWCATAP 42 Kurmond Homes Pty Ltd v Marsden [2018] NSWCATAP 23 Leung v Alexakis [2018] NSWCATAP 11 Owners Corporation Strata Plan 64757 v MJA Group Pty Ltd [2011] NSWCA 236 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Texts Cited: Nil Category: Principal judgment Parties: David Robinson (Appellant) Hindmarsh Construction Australia Pty Ltd (First Respondent) B1 Epping Pty Ltd (Second Respondent) Representation: Counsel: S Tully (Appellant) R Thrift (First Respondent)