Esteban v 2M Projects Pty Ltd [2021] NSWCATAP 137

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Esteban v 2M Projects Pty Ltd [2021] NSWCATAP 137 Hearing dates: On the papers Date of orders: 17 May 2021 Decision date: 17 May 2021 Jurisdiction: Appeal Panel Before: Cowdroy AO QC ADCJ, Principal Member L Wilson, Senior Member Decision: The Appeal Panel orders that: (1) Leave to appeal the decision of the Tribunal dated 7 December 2020 is refused; (2) The appeal is otherwise dismissed. Catchwords: APPEALS — leave to appeal — appeal from exercise of discretion — miscalculation of claim — no factual error — decision not unreasonable — leave to appeal refused BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — building dispute Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 House v The King (1936) 55 CLR 499; [1936] HCA 40 Texts Cited: Nil Category: Principal judgment Parties: Melanie Esteban (First Appellant) Alfredo Esteban (Second Appellant) 2M Projects Pty Ltd (Respondent) Representation: Solicitors: Appellants (self-represented) Respondent (self-represented) File Number(s): 2020/00371233 (AP 20/52221) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not reported Date of Decision: 7 December 2020 Before: G Meadows, Senior Member File Number(s): HB 17/52254