Reid & Robinson Builders Pty Limited trading as John Robinson Elite Constructions v Cleal [2021] NSWCATAP 348

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Reid & Robinson Builders Pty Limited trading as John Robinson Elite Constructions v Cleal [2021] NSWCATAP 348 Hearing dates: 20 August 2021 Date of orders: 09 November 2021 Decision date: 09 November 2021 Jurisdiction: Appeal Panel Before: I Coleman SC ADCJ, Principal Member JS Currie, Senior Member Decision: (1) Time to appeal not extended. (2) Leave to appeal refused. (3) Appeal dismissed. (4) Any party seeking an order for costs must file and serve written submissions, not exceeding 5 pages in length, within 7 days of these orders. (5) Any party resisting an application for costs must file and serve written submissions, not exceeding 5 pages in length, within a further period of 7 days together with reasons for its objection (if any) to the application for costs being determined without a hearing. (6) If no objection is made to the application for costs being determined without a hearing, then, pursuant to s50(2) of the Civil and Administrative Tribunal Act 2013, any disputed application for costs shall be determined on the written submissions of the parties without an oral hearing. Catchwords: APPEAL - order transferring proceedings to District Court - extension of time to appeal required - whether decision under appeal "interlocutory" or "ancillary"- whether, if required, leave should be granted - Respondents' claim in substantive proceedings held to be "otherwise maintainable at law"- time to appeal not extended - leave to appeal refused - appeal dismissed Legislation Cited: Australian Consumer Law 2010 (Cth) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Fair Trading Act 1987 (NSW) Home Building Act 1989 (NSW) Limitation Act 1969 (NSW) Cases Cited: Alexakis v Health Care Complaints Commission [2021] NSWCA 217 Collins v Urban [2014] NSWCATAP 17 Conquer v Boot (1928) 2 KB 336 Draybi Brothers v Bede Diab & Ors [2014] NSCATCD 67 Gallo v Dawson [990] HCA 30 Gilbert v Endean (1878) 9 ChD 259 Jackson v NSW Land & Housing Corporation [2014] NSWCATAP 22 Larking v Great Western Gravel (1940) 64 CLR 221 Nanschild v Pratt [2011] NSWCA 85 Onerati v Phillips Constructions Pty Limited (In liq) (1989) 16 NSWLR 730 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Wardley Australia Limited v Western Australia (1992) 175 CLR 514 Woolcock Street Investments Pty Limited v CDG Pty Limited & Anor (2004) 216 CLR 515 Category: Principal judgment Parties: Reid & Robinson Builders Pty Limited t/as John Robinson Elite Constructions (Appellant)