Douglas t/as D&C Pool & Landscape Creations v Luscombe [2021] NSWCATAP 403

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Douglas t/as D&C Pool & Landscape Creations v Luscombe [2021] NSWCATAP 403 Hearing dates: 17 December 2020 Date of orders: 14 December 2021 Decision date: 14 December 2021 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President G Burton SC, Senior Member Decision: 1. Grant leave to the appellants to rely on the amended grounds of appeal filed with the appellant's written submissions in chief on 18 November 2020. 2. Leave to appeal is refused and the appeal is dismissed. 3. The stay of the Tribunal's orders made 1 September 2020 is lifted. 4. Subject to order 5, the appellant is to pay the respondents' costs of the appeal on the ordinary basis as agreed or assessed. 5. In the event a party contends for a different costs order in the following applies: (a) Any application for a different costs order (costs application, together with evidence and submissions in support of the application, is to be filed and served by the applicant (costs applicant) within 14 days of the date of these orders. (b) Any evidence and submissions in response to the costs application is to be filed and served within 28 days of the date of these orders. (c) Any evidence and submissions in reply is to be filed and served within 35 days from the date of these orders. (d) Upon the filing of a costs application in accordance with these directions, order 4 will cease to have effect. Catchwords: Home building – reasons for findings on expert evidence concerning aggregate size – no issue of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulation 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Evidence Act 2005 (NSW) Home Building Act 1989 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Forster v Hunter New England Area Health Service [2010] NSWCA 106 NSW Land and Housing Corp v Orr (2019) [2019] NSWCA 231; 100 NSWLR 578 Category: Principal judgment Parties: Dean Douglas t/as D&C Pool & Landscape Creations (appellant) Simon and Julie Luscombe (respondents) Representation: Counsel: Mr D P O'Connor (appellant) Dr C Moschoudis (respondents)