Lane v Bloc Constructions (NSW) Pty Ltd [2021] NSWCATAP 114

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lane v Bloc Constructions (NSW) Pty Ltd [2021] NSWCATAP 114 Hearing dates: 27 April 2021 Date of orders: 5 May 2021 Decision date: 05 May 2021 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member S Goodman SC, Senior Member Decision: Appeal dismissed. Catchwords: BUILDING AND CONSTRUCTION - Home Building Act 1989 (NSW) - residential building work - statutory warranty - proceedings for breach – damages – claimed loss of rent cause by breach of statutory warranty – no evidence to support claim – claim dismissed – no error in Tribunal rejecting evidence not previously served – fresh evidence rejected on appeal as not established that evidence not reasonably available at the time of the Tribunal hearing Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36(3), Sch 4 cl 12(1)(c) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Cominos v Di Rico [2016] NSWCATAP 5 Malouf v Malouf [2006] NSWCA 83 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: Nil Category: Principal judgment Parties: Roger Lee Lane (Appellant) Bloc Constructions (NSW) Pty Ltd (Respondent) Representation: Appellant (Self-Represented) Respondent (Self-Represented) File Number(s): 2021/00056118 (AP 21/07782) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 3 February 2021 Before: S Hausfeld, General Member File Number(s): HB 20/28841