Devel Pty Ltd v Lewis; Lewis v Devel Pty Ltd [2021] NSWCATAP 395

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Devel Pty Ltd v Lewis; Lewis v Devel Pty Ltd [2021] NSWCATAP 395 Hearing dates: 22 February 2021 Date of orders: 7 December 2021 Decision date: 07 December 2021 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member P H Molony, Senior Member Decision: (1) In 2020/00371130 (AP 20/45527): (a) Leave to appeal is refused. (b) The appeal is dismissed. (2) 2020/00371185 (AP 20/49188): (a) Time to lodge the Notice of Appeal is extended to 24 November 2020. (b) The appeal is dismissed. (3) In both 2020/00371130 (AP 20/45527) & 2020/00371185 (AP 20/49188): (1) The parties are to pay their own costs. (2) If either party seeks a different costs order, the following orders apply: (a) Order 5 above ceases to have effect; (b) Any application for a different costs order is to be filed and served, supported by evidence and submissions not exceeding five pages in length, within 14 days of the date of these orders. (c) Any response to an application for a different costs order is to be filed and serve, with evidence and submissions not exceeding five pages in length, within 14 days thereafter. (d) Any material in reply is to be filed and served within 7 days thereafter. Catchwords: APPEAL – Damages - Renewal proceedings – Time limitation periods Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Cases Cited: Associated Provincial Picture Houses Ltd. v Wednesbury Corporation [1948] 1 KB 223 Bellgrove v Eldridge (1954) 90 CLR 613 Blessed Sydney Constructions Pty Ltd v Vasudevan [2018] NSWCATAP 98 Bondarek v NSW Land and Housing Corporation [2018] NSWCATAP 299 Collins v Urban [2014] NSWCATAP 17 (Collins Hutchings v Hope [2019] NSWCATAP 59 Hyder Consulting (Australia) P/L v Wilh Wilhelmsen Agency P/L & Anor [2001] NSWCA 313 Johnson v Dibbin; Gatsby v Gatsby [2018] NSWCATAP 45 Minister for Immigration and Citizenship v Li [2013] HCA 18, 249 CLR 332; 87 ALJR 618; 297 ALR 225 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Tabcorp Holdings Ltd v Bowen Investments Pty Ltd (2009) 236 CLR 272; [2009] HCA 8 Walker Group Constructions Pty Ltd v Tzaneros Investments Pty Ltd [2017] NSWCA 27 Texts Cited: Nil Category: Principal judgment Parties: 2020/00371130 (AP 20/45527): Devel Pty Ltd (Appellant) Linda Lewis and Joshua Lewis (Respondents)