Heys v Balmain Projects Pty Ltd [2021] NSWCATAP 192

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Heys v Balmain Projects Pty Ltd [2021] NSWCATAP 192 Hearing dates: 22 June 2021 Date of orders: 29 June 2021 Decision date: 29 June 2021 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member J McAteer, Senior Member Decision: 1. Appeal upheld. 2. The Tribunal's orders of 18 March 2021 are set aside. 3. The Tribunal's decision in relation to the appellant's claim for major defects, and the costs associated with that claim, are confirmed. 4. The proceedings are remitted to the Tribunal as originally constituted for further hearing of the appellant's case in relation to minor defects and in accordance with these reasons. 5. If any party desires to make an application for costs of the appeal: a. that party is to so inform the other parties within 14 days of the date of these reasons; b. the applicant for costs is to lodge with the Appeal Panel and serve on the respondent to the costs application any written submissions of no more than five pages on or before 14 days from the date of these reasons; c. the respondent to any costs application is to lodge with the Appeal Panel and serve on the applicant for costs any written submissions of no more than five pages on or before 28 days from the date of these reasons; d. any reply submissions limited to three pages are to be lodged with the Appeal Panel and served on the other party within 35 days of the date of these reasons; e. the parties are to indicate in their submissions whether they consent to an order dispensing with an oral hearing of the costs application, and if they do not consent, submissions of no more than one page as to why an oral hearing should be conducted rather than the application being determined on the papers. Catchwords: BUILDING AND CONSTRUCTION - Home Building Act 1989 - statutory warranty - proceedings for breach – time in which proceedings to be commenced – calculation of time – applicability of s 36 of the Interpretation Act 1987 ADMINISTRATIVE LAW - particular administrative bodies - NSW Civil and Administrative Tribunal – discretionary decision on practice and procedure – failure to take into account relevant matters Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 4, 25, 40 Home Building Act 1989 (NSW), s 18E Interpretation Act 1987 (NSW), s 5(1), 36 Civil and Administrative Tribunal Rules 2014 (NSW), rr 4(3), 6 Cases Cited: Coulton v Holcombe (1986) 162 CLR 1; [1986] HCA 33 Dyldam Developments Pty Ltd v The Owners – Strata Plan 85305 [2020] NSWCA 327 Hollingsworth v Bushby [2015] NSWCA 251 House v The King (1936) 55 CLR 499; [1936] HCA 40 Moloney v Taylor [2016] NSWCA 199 Texts Cited: Nil Category: Principal judgment Parties: Timothy Martin Heys (Appellant) Balmain Projects Pty Ltd (Respondent) Representation: Counsel: L Cooper-Hackman (Respondent)