Millen v Skyview Homes Pty Ltd [2021] NSWCATCD 137

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Millen v Skyview Homes Pty Ltd [2021] NSWCATCD 137 Hearing dates: 30 June 2021 Date of orders: 29 October 2021 Decision date: 29 October 2021 Jurisdiction: Consumer and Commercial Division Before: G Sarginson, Senior Member Decision: (1) The respondent Skyview Homes Pty Ltd is to pay the applicant Jacqueline Gai Millen the amount of $56,897.66 by 28 days from the date of this decision. (2) By 14 days from the date of this decision, the applicant is to file with the Tribunal and serve on the respondent, by person or by post, all documents and submissions relied upon on the issue of costs. (3) By 28 days from the date of this decision, the respondent is to file with the Tribunal and serve on the applicant, by person or by post, all documents and submissions relied upon on the issue of costs. (4) By 35 days from the date of this decision, the applicant is to file with the Tribunal and serve on the respondent, by person or by post, all costs submissions in reply. (5) Both parties have liberty to apply to the Tribunal in writing to vary the timetable for costs submissions Catchwords: BUILDING AND CONSTRUCTION — Home Building — Renewal proceedings —​​​​​​​ Whether orders of Tribunal not complied with —​​​​​​​ Circumstances of non-compliance —​​​​​​​ Conduct of the parties —​​​​​​​ ​​​​​​​Appropriate remedial orders Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Civil Liability Act 2002 (NSW) Home Building Act 1989 (NSW) Cases Cited: Bellgrove v Eldridge [1954] HCA 36; (1954) 90 CLR 613 Blessed Sydney Constructions Pty Ltd v Vasudevan [2018] NSWCATAP 98 Bondarek v NSW Land and Housing Corporation [2018] NSWCATAP 299 Catapult Constructions Pty Ltd v Denison [2018] NSWCATAP 158 Cordon Investments Pty Ltd v Lesdor Properties [2012] NSWCA 184 Deacon v National Strategic Constructions Pty Ltd; National Strategic Constructions Pty Ltd v Deacon [2017] NSWCATAP 185 Leung v Alexakis [2018] NSWCATAP 11 Minifie v Maxwell [2020] NSWCATAP 30 Moore v Scenic Tours Pty Ltd [2020] HCA 17; (2020) 286 CLR 326, Murphy v Zubkyrcki & Anor [2020] NSWDC 538 Robinson v Hindmarsh Construction Australia Pty Ltd [2021] NSWCATAP 51 Westpoint Management Ltd v Chocolate Factory Apartments Ltd; Chocolate Factory Apartments Pty Ltd v Westpoint Management Ltd [2007] NSWCA 253 Texts Cited: Nil Category: Principal judgment Parties: Jacqueline Gai Millen (Applicant)