Weston v Integra Windows and Doors Pty Ltd [2022] NSWCATAP 201

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Weston v Integra Windows and Doors Pty Ltd [2022] NSWCATAP 201 Hearing dates: 28 March 2022 Date of orders: 17 June 2022 Decision date: 17 June 2022 Jurisdiction: Appeal Panel Before: S Thode, Senior Member G Burton SC, Senior Member Decision: (1) Appeal allowed. (2) Set aside the orders made 1 and 21 December 2021 in HB 21/12430. (3) Remit the proceedings for re-determination before a differently-constituted Tribunal. (4) In respect of costs of this appeal the following orders are made: (a) Any application for costs, including further evidence and submissions in support of the cost application, is to be filed and served by the costs applicant within 14 days after the date of these orders; (b) Any further evidence and submissions in response are to be filed and served by the costs respondent within 28 days after the date of these orders; (c) Any submissions in reply are to be filed and served by the costs applicant within 35 days after the date of these orders; (d) Submissions are to include submissions about whether a hearing of any costs application can be dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW); (e) If no application is made under (a) then there is no order as to the costs of the appeal. Catchwords: APPEALS - HOME BUILDING – responsibility of builder or supplier for defective work COSTS – procedural fairness – no opportunity to respond Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: CEO of Customs v AMI Toyota Ltd (2000) 102 FCR 578, [2000] FCA 1343 Collins v Urban [2014] NSWCATAP 17 Craig v South Australia (1995) 184 CLR 163, [1995] HCA 58 Owen v Kim [2017] NSWCATAP 26 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: None cited Category: Principal judgment Parties: Stephanie Helen Weston (Appellant) Integra Windows and Doors Pty Ltd (Respondent) Representation: Appellant (Self Represented) Respondent (No Appearance) File Number(s): 2022/00007474 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 1 December 2021, 21 December 2021 (costs) Before: R Titterton, Senior Member File Number(s): HB 21/12430