Touma v Colantuono [2021] NSWCATAP 152

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Touma v Colantuono [2021] NSWCATAP 152 Hearing dates: 3 May 2021 Date of orders: 26 May 2021 Decision date: 26 May 2021 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member M Gracie, Senior Member Decision: 1. Time to lodge the appeal is extended, to the extent necessary, to 23 February 2021. 2. Leave to appeal is refused. 3. The appeal is dismissed. Catchwords: APPEAL – failure to comply with directions – adjournment – procedural fairness – contracting parties Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Cases Cited: Armee v Brealey [2017] NSWCATAP 141 Collins v Urban [2014] NSWCATAP 17 Coulton v Holcombe [1986] HCA 33; (1986) 162 CLR 1 (19 June 1986) Damien v JKAM Investments Pty Ltd [2015] NSWCA 368 Drivas v Burrows [2014] NSWCATAP 87 Hanson v Metricon Homes Pty Ltd [2019] NSWCATAP 133 Hanson v Metricon Homes Pty Ltd [2020] NSWSC 401 O'Neill v T and I Engines Pty Ltd [2015] NSWCATAP 77 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 University of Wollongong v Metwally (No. 2) [1985] HCA 28; (1985) 59 ALJR 481 Texts Cited: Nil Category: Principal judgment Parties: Salim Touma and ST Carpentry (First Appellant) Constructions Pty Ltd (Second Appellant) Anthony Colantuono (Respondent) Representation: Solicitors: Sydney Metropolitan Lawyers (First Appellant) Sydney Metropolitan Lawyers (Second Appellant) Respondent (Self-Represented) File Number(s): 2021/00056127 (AP 21/08392) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 22 January 2021 Before: G Sarginson, Senior Member File Number(s): HB 20/27054 and HB 20/32249