Goncalves v Bora Developments Pty Ltd [2021] NSWCATAP 231

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Goncalves v Bora Developments Pty Ltd [2021] NSWCATAP 231 Hearing dates: 26 November 2020 Date of orders: 4 August 2021 Decision date: 04 August 2021 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President S Goodman SC, Senior Member Decision: (1) Leave to appeal is refused; (2) The appeal is otherwise dismissed; (3) Any application for costs of the appeal together with supporting submissions should be filed and served within 21 days of publication of this decision; (4) Any submission in reply should be filed and served within a further 21 days; (5) Costs submissions should address whether the Appeal Panel may decide costs on the papers and dispense with a hearing. Catchwords: APPEALS – whether error of law in construction of building contract or failure to address submissions and evidence – whether leave to appeal should be granted Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 77 ALJR 1088 DVE18 v Minister for Home Affairs [2020] FCAFC 83; (2020) 276 FCR 401 Goncalves v Bora Developments Pty Ltd; Bora Developments Pty Ltd v Goncalves [2020] NSWCATAP 9 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Woodward v DJ & TL Mellross Pty Ltd [2018] NSWCATAP 179 Texts Cited: None cited Category: Principal judgment Parties: Bianca Goncalves (Applicant) Bora Developments Pty Ltd (Respondent) Representation: Counsel: M Klooster (Respondent)