Beetson v Charnwood Constructions Pty Ltd [2021] NSWCATCD 142

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Beetson v Charnwood Constructions Pty Ltd [2021] NSWCATCD 142 Hearing dates: On the papers Date of orders: 11 October 2021 Decision date: 11 October 2021 Jurisdiction: Consumer and Commercial Division Before: G Blake AM SC, Senior Member Decision: (1) A hearing is dispensed with in relation to the application of the applicants to vacate the hearing fixed for 25 and 26 October 2021 and to transfer the proceedings to the District Court (the transfer application). (2) The transfer application is dismissed. (3) The second respondent is to file and serve any costs application, including submissions and any evidence in support, within 14 days of the date of the orders in these reasons for decision. (4) The applicants are to file and serve any submissions and evidence in response within 14 days thereafter. (5) The second respondent is to file any submissions in reply within 14 days after receipt of the applicants' submissions and evidence. (6) Any submissions are to include submissions on the issue of whether an order should be made pursuant to s 50(2) of the NCAT Act, dispensing with a hearing of the costs application. Catchwords: CIVIL PROCEDURE — Jurisdiction — Transfers to and from other courts — Application to transfer proceedings to the District Court – Failure to make an application to claim an amount in excess of the jurisdictional limit of the Tribunal in respect of a building claim and/or to seek leave to rely on an expert report establishing the costs of the rectification works – Failure to explain why a consumer claim was made in excess of the jurisdictional limit of the Tribunal - Application dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Australian Consumer Law (NSW) Competition and Consumer Act 2010 (Cth) Fair Trading Act 1987 (NSW) Home Building Act 1989 (NSW) Cases Cited: Draybi Bros Pty Ltd v Bede Diab, John Maklouf, Jihad Dib, Mohammad Chahrouk Draybi Bros Pty Ltd v Bede Diab, John Maklouf, Jihad Dib [2014] NSWCATCD 67 Ideal Waterproofing Pty Ltd v Buildcorp Australia Pty Ltd & Ors [2004] NSWSC 765 Ralan (Culworth) Pty Ltd v Owners Corporation SP 83405 [2017] NSWCATAP 223 The Owners - Strata Plan No. 70030 v Decon Australia Pty Ltd [2014] NSWSC 347 The Owners Strata Plan 83405 v Ralan (Culworth) Pty Limited [2019] NSWSC 578 Texts Cited: Nil Category: Procedural rulings Parties: Nina Beeston (First Applicant) Kenneth Pitman (Second Applicant) Charnwood Constructions Pty Ltd (First Respondent) The Site Foreman (NSW) Pty Ltd (Second Respondent) Representation: Solicitors: Fielding Robinson Lawyers (First and Second Applicants) Khoury Lawyers (Second Respondent) File Number(s): HB 20/30968 Publication restriction: Nil