BKB Constructions Pty Ltd v Sawan [2022] NSWCATAP 103

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BKB Constructions Pty Ltd v Sawan [2022] NSWCATAP 103 Hearing dates: 15 November 2021 Date of orders: 7 April 2022 Decision date: 07 April 2022 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President G Sarginson, Senior Member Decision: (1) Leave to appeal is refused. (2) Appeal dismissed. (3) The appellant is to pay the respondent's costs of proceedings AP 2021/00235644 as agreed or assessed on the basis set out in the legal costs legislation (as defined in s 3A of the Legal Profession Uniform Law Application Act 2014). (4) If either party seeks a further or other costs order of the appeal proceedings than Order 3, they are must notify the Appeal Panel and the other party in writing within 7 days of the date of this decision. (5) If a party seeks a further or other costs order than Order 3 in accordance with Order 4, Order 3 is stayed until further order of the Appeal Panel. If no such application is made the costs order remains in force. (6) If a further or other costs application is made: (a) The costs applicant is to file and serve costs submissions by 21 days from the date of this decision. (b) The costs respondent is to file and serve costs submissions by 35 days from the date of this decision. (c) The costs applicant is to file and serve costs submissions in reply by 42 days from the date of this decision. (d) The costs submissions of both parties are to include reference to whether the costs application can be determined without further oral hearing. (e) The parties have liberty to apply to the Appeal Panel in writing to vary the timetable for costs submissions. Catchwords: BUILDING AND CONSTRUCTION---Home building---Limitation period---s 48K (8) Home Building Act 1989---Procedural fairness---Transfer of proceedings to a Court---Whether Tribunal under a duty to raise limitation issue Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Legal Profession Uniform Law Application Act 2014 Limitation Act 1969 (NSW) Cases Cited: Allen v Tricare (Hastings) Pty Ltd [2017] NSWCATAP 25 (Australian Timber Supplies Pty Ltd v Agia [2014] NSWSC 1308 Bellgrove v Eldridge [1954] HCA 36; (1954) 90 CLR 613 BOC v MDL [2019] NSWSC 278 Bray v F Hoffman-La Roache Ltd [2002] FCA 243; (2002) 118 FCR 1 Breecass Pty Ltd v The Owners-Strata Plan No 61419; The Owners-Strata Plan No 61419 v Breecass Pty Ltd [2019] NSWCATCD 23 Civil Air Operations Officers Association of Australia v Airservices Australia [2020] FCA 1665 Clements v Independent Indigenous Advisory Committee [2003] FCAFC 143 Collins v Urban [2014] NSWCATAP 17 Cumming v Deadman [2022] NSWCATAP 43 Federated Engine-Drivers and Fireman's Association of Australasia v Broken Hill Pty Co Limited [1911] HCA 31; (1911) 12 CLR 398 Hau Shan v Fairfield City Council [2020] NSWSC 681 Italiano v Carbone & Ors [2005] NSWCA 177 Jandson Pty Ltd v James [2021] NSWCATAP 274 Khatri v Price [1999] FCA 1289; (1999) 95 FCA 287 Kotsakis v Hidajat [2021] NSWCATAP 358 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 LMA Contractors Limited v Changizi [2017] NSWCATAP 145 Nyunt v North Shore Homes Pty Ltd [2020]NSWCATAP143 Oshlack v Richmond River Council [1998] HCA 11; (1998) 139 CLR 72 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 RCR Resolve FM v Serco Australia [2014] NSWSC 1477 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 S & G Homes Pty Ltd t/as Pavilion Homes v Owen [2015] NSWCATAP 190 Sanderson Motors Pty Ltd v Kirby [2000] NSWSC 924 Sleiman t/as Perfect Kitchens v Dempsey [2020] NSWCATAP 26 Stead v State Government Insurance Commission [1986] HCA 54; (1986) 161 CLR 141 Tiwari v Champion Homes Sales Pty Ltd [2016] NSWCATAP 73 Tom v Jenkins [2019] NSWCATAP 74 Vero Insurance Ltd v Buckle [2008] NSWSC 73 Vicinity Funds RE Ltd & Anor v Commissioner of State Revenue [2021] VSC 200 Zhang v Zemin [2010] NSWCA 255; (2010) NSWLR 513 Texts Cited: Nil Category: Principal judgment Parties: BKB Constructions Pty Ltd (Appellant) Mariam Sawan (Respondent) Representation: Counsel: G Carolan (Appellant) T Fishburn (Respondent)