BuildPlatinum Pty Limited v Micaleff [2021] NSWCATAP 129

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BuildPlatinum Pty Limited v Micaleff [2021] NSWCATAP 129 Hearing dates: 21 December 2020 Date of orders: 12 May 2021 Decision date: 12 May 2021 Jurisdiction: Appeal Panel Before: T Simon, Principal Member G Sarginson, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. (3) Stay orders of the Appeal Panel dated 30 September 2020 are lifted. (4) BuildPlatinum Pty Ltd is to pay the costs of Carol Micalleff and Lawrence Micallef in Appeal Panel proceedings AP 20/39176 as agreed or assessed on the basis set out in the legal costs legislation (as defined in s 3A of the Legal Profession Uniform Law Application Act 2014 (NSW)). (5) If either party applies for a different costs order, order 3 above ceases to have effect and the following orders apply: (a) Any application for a different costs order, together with evidence and submissions in support of the application is to be provided to the Tribunal and the other party within 7 days after of the date of publication of these orders. (b) Evidence and submissions in response to the application for a different costs order are to be provided to the Tribunal and the other party within 14 days of the date of publication of these orders. (c) Any evidence and submissions in reply in respect of the application for a different costs order are to be provided to the Tribunal and the other party within 21 days of the date of publication of these orders. (d) Subject to the parties' submissions in relation to this issue, the Tribunal proposes to determine any application for a different costs order on the basis of the written material provided. Catchwords: APPEALS---Building and Construction---Residential building---Evidence---Expert evidence---Assessment of expert evidence---Whether evidence established breach of statutory warranty APPEALS---Civil procedure---Re-opening of case---Applicable principles Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW). Environmental Planning and Assessment Act 1979 (NSW) Environmental Planning and Assessment Regulation 2000 Evidence Act 1995 (NSW) Home Building Act 1989 (NSW). Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Catapult Constructions Pty Ltd v Denison [2018] NSWCATAP 158 Civil and Administrative Tribunal Act 2013 (NSW) Collins v Urban [2014] NSWCATAP 17 Dasreef Pty Ltd v Hawchar [2011] HCA 21; (2011) 243 CLR 588 Deacon v National Strategic Constructions Pty Ltd; National Strategic Constructions Pty Ltd [2017] NSWCATAP 185 Fuller v Avichem Pty Ltd t/as Adkins Building & Hardware [2019] NSWCA 305 Goodrich Aerospace Pty Ltd v Arsic [2006] NSWCA 187; (2006) 66 NSWLR 186 Hancock v East Coast Timber Products Pty Limited [2011] NSWCA 11 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705 Matson v Attorney-General (Cth) [2021] FCA 161 NSW Land and Housing Corporation v Orr [2019] NSWCA 231 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Payne v Allegretta [2010] WAST 36 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Strata 778 Pty Ltd v Enright (No 2) [2020] NSWCATAP 71 Strinic v Singh [2009] NSWCA 15 The Owners-Strata Plan No 66375 v King [2018] NSWCA 170 Urban Transport Authority of NSW v Nweiser (1992) 28 NSWLR 471 Texts Cited: Nil Category: Principal judgment Parties: Buildplatinum Pty Limited (Appellant) Carol Micallef (First Respondent) Laurence Micallef (Second Respondent) Representation: Counsel: M. Baroni (Appellant) G. Carolan (First and Second Respondent)