Welsh v Lawbeach Pty Ltd [2021] NSWCATAP 313

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Welsh v Lawbeach Pty Ltd [2021] NSWCATAP 313 Hearing dates: 13 September 2021 Date of orders: 12 October 2021 Decision date: 12 October 2021 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member D Ziegler, Senior Member Decision: 1. The appeal is allowed. 2. Order 1 made by the Tribunal on 13 May 2021 in GEN 20/23338 is set aside. 3. In substitution for order 1 made by the Tribunal on 13 May 2021 in GEN 20/23338, the following order is made: "Lawbeach Pty Ltd trading as Tonka Mini Excavators and Landscaping is to pay Michael Welch the sum of $11,320 within 28 days of the date of publication of these orders." Catchwords: APPEAL – extension of time to lodge notice of appeal - significant new evidence - home building –jurisdiction - whether claim is a building claim - whether materials supplied by homeowner are included in calculating reasonable market value of labour and materials involved in the work – consumer claim – breach of guarantee as to due care and skill - incorrect approach to assessment of damages. Legislation Cited: Australian Consumer Law 2010 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Fair Trading Act 1987 Home Building Act 1989 Home Building Regulation 2014 Cases Cited: Chang v Azari [2020] NSWCATAP 154 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Jackson v NSW Land & Housing Corporation [2014] NSWCATAP 22 Lam v Steve Jarvin Motors [2016] NSWCATAP 186 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Michael Welsh (Appellant)