John Boyd t/as Kalana Homes v Spurr [2021] NSWCATAP 227

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: John Boyd t/as Kalana Homes v Spurr [2021] NSWCATAP 227 Hearing dates: 10 May 2021 Date of orders: 27 July 2021 Decision date: 27 July 2021 Jurisdiction: Appeal Panel Before: K Ransome, Senior Member S Goodman SC, Senior Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. (3) The appellant is to file and serve any evidence and submissions in reply to the respondents' application for costs within 14 days of the date of publication of these orders. (4) The respondents (the applicants for the costs order) are to file and serve any submissions in reply within 21 days from the date of publication of these orders (5) The submissions of the parties are to include submissions about whether an order should be made dispensing with a hearing of the costs application pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. Catchwords: APPEAL – building claim – decision said to be against the weight of the evidence – whether decision not fair and equitable – no substantial miscarriage of justice – leave to appeal refused – no error of law in exercise of discretion Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: Calin v Greater Union Organisation Pty Ltd (1991) 173 CLR 33; [1991] HCA 23 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 House v The King [1936] HCA 40; (1936) 55 CLR 499 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: John Boyd t/as Kalana Homes (Appellant) Karen Dianne Spurr Paul Frances Spurr (Respondents) Representation: Appellant (Self Represented) Respondents (Self Represented) File Number(s): 2021/00058967 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 17 February 2021 Before: K Ross, Senior Member File Number(s): HB 20/13339