Bajimaya v Reward Homes Pty Ltd [2021] NSWCATAP 297

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bajimaya v Reward Homes Pty Ltd [2021] NSWCATAP 297 Hearing dates: 2 November 2020 Date of orders: 1 October 2021 Decision date: 01 October 2021 Jurisdiction: Appeal Panel Before: T Simon, Principal Member G K Burton SC, Senior Member Decision: (1) Extend the time for filing the notice of appeal to and including 26 April 2020. (2) Leave to appeal is refused. (3) Appeal dismissed. (4) Subject to order 5, order that the appellants pay the respondent's costs of the appeal on the ordinary basis as agreed or assessed. (5) Any party challenging order 4 is to file and serve its submissions and any further material on costs within 14 days after date of these orders, with any submissions and further material on costs in response to be filed and served within 28 days after date of these orders, such submissions to include any argument concerning a further hearing on costs. Catchwords: HOME BUILDING - jurisdiction - agreement to enter into a building contract Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 60, 80, 81, Sch 4 cl 12 Civil and Administrative Tribunal Rules 2014 (NSW), rr 38, 38A Cases Cited: Allcastle Homes PL v Wilkinson [2016] NSWCATAP 3 Bonita v Shen [2016] NSWCATAP 159 CEO of Customs v AMI Toyota Ltd (2000) 102 FCR 578, [2000] FCA 1343 Collins v Urban [2014] NSWCATAP 17 Concut PL v Worrell [2000] HCA 64 at [27]-[28], [42] Grygiel v Baine [2005] NSWCA 218 Latoudis v Casey (1990) 170 CLR 534 Nyunt v North Shore Homes PL [2020] NSWCATAP 143 Oshlack v Richmond River Council (1998) 193 CLR 72 Paciocco v ANZ Banking Group Ltd [2016] HCA 28 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Shepherd v Felt and Textiles of Aust Ltd (1931) 45 CLR 359 Syed Ahmad Shoaib Ali PL v Jandson PL [2018] NSWCATAP 228 Thompson v Chapman [2016] NSWCATAP 6 Watson v Foxman (1995) 49 NSWLR 314 Texts Cited: None cited Category: Principal judgment Parties: Archana Bajimaya and Bimal Paudel (Appellants) Reward Homes Pty Ltd (Respondent) Representation: Counsel: J R Young (Appellants) A Power (Respondent)