Payne v Keene [2022] NSWCATAP 236

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Payne v Keene [2022] NSWCATAP 236 Hearing dates: 20 June 2022 Date of orders: 18 July 2022 Decision date: 18 July 2022 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member D Fairlie, Senior Member Decision: 1. Leave to appeal refused. 2. Appeal dismissed. 3 (a) Aaron Payne is to remove the front deck the subject of these proceedings and reinstate it in accordance with the James Hardie Installation Guide and all other relevant guidelines and regulations. (b) The works the subject of the above order are to commence by 1 August 2022 and be completed by 9 September 2022. (c) Upon compliance with orders 3(a) and 3(b) above and by no later than 16 September 2022, Phillip Keene and Leanne Keene are to pay Aaron Payne the amount of $8,862.70. Catchwords: APPEALS – what constitutes significant new evidence APPEALS – whether decision against the weight of evidence APPEALS – circumstances where appropriate to make a work order under the Home Building Act CONTRACTS - circumstances where appropriate to imply terms into a home building contract Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80, Sch 4, cl 12 Home Building Act 1989 (NSW), ss 18B, 48MA, 48O Cases Cited: BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 Texts Cited: Nil Category: Principal judgment Parties: Aaron Payne (Appellant) Phillip Keene and Leanne Keene (Respondents) Representation: Appellant (Self-represented) Respondents (Self-represented) File Number(s): 2022/00118390 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Consumer and Commercial Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 01 April 2022 Before: C Paull, Senior Member File Number(s): HB 21/39769; HB 21/47043