Merrick v Hines [2021] NSWCATAP 108

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Merrick v Hines [2021] NSWCATAP 108 Hearing dates: 19 October 2020 Date of orders: 29 April 2021 Decision date: 29 April 2021 Jurisdiction: Appeal Panel Before: T Simon, Principal Member G Sarginson, Senior Member Decision: 1. An extension of time for the making of the appeal is refused. 2. Leave to appeal is refused. 3. The appeal is dismissed. 4. The stay order made by the Appeal Panel on 14 August 2020 is lifted. Catchwords: APPEAL---Home Building---Procedural fairness--- Appeal on a question of law---Reasonable opportunity to be heard. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulations 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: Clements v Independent Indigenous Advisory Committee (2003) FCAFC 143; 131 FCR 28 Collins v Urban [2014] NSWCATAP 1 Italiano v Carbone [2005] NSWCA 177 Jackson v NSW Land & Housing Corporation [2014] NSWCATAP 22 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Waters v Waghorn [2016] NSWCATAP 247 Texts Cited: None Cited Category: Principal judgment Parties: Michael Merrick (Appellant)

Debra Hines (First Respondent) Paul Hines (Second Respondent) File Number(s): 2020/00370952 (AP 20/33120) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Nil Date of Decision: 11 June 2020 Before: A Halstead, General Member File Number(s): HB 19/51075