Life Structures Pty Ltd v Burton [2022] NSWCATAP 272

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Life Structures Pty Ltd v Burton [2022] NSWCATAP 272 Hearing dates: 8 August 2022 Date of orders: 23 August 2022 Decision date: 23 August 2022 Jurisdiction: Appeal Panel Before: G Ellis SC, Senior Member J S Currie, Senior Member Decision: 1 Leave to appeal is refused. 2 The appeal is dismissed. 3 Subject to order 4, the appellant is to pay the respondent's costs of the appeal, on the ordinary basis, as agreed or assessed. 4 If either party seeks a different costs order, the following orders apply: (1) Order 3 above ceases to have effect. (2) Any application for a different costs order is to be filed and served, supported by evidence and submissions not exceeding five pages in length, within 14 days of the date of these orders. (3) Any response to an application for a different costs order is to be filed and serve, with evidence and submissions not exceeding five pages in length, within 14 days thereafter. (4) Any material in reply is to be filed and served within seven days thereafter. Catchwords: BUILDING AND CONSTRUCTION – Whether s 18G of the Home Building Act 1989 (NSW) operated to render void or read down a contractual provision APPEAL – Whether decision against the weight of the evidence – whether to grant leave to appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Antico v CE Heath Casualty & General Insurance Ltd (1996) 38 NSWLR 681 at 696 Australian Broadcasting Commission v Australian Performing Rights Association Ltd [1973] HCA 36 Bellgrove v Eldridge [1954] HCA 36 Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWSC 1302 Browne v Dunn (1893) 6 R. 67, HL Cappello v Hammond & Simonds NSW Pty Ltd [2020] NSWSC 1021 Cappello v Hammond & Simmonds (NSW) Pty Ltd [2021] NSWCA 57 Collins v Urban [2014] NSWCATAP 17 Cypressvale Pty td v Retail Ship Leases Tribunal [1996] 2 Qd R 462 Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7 Mitchell v Cullingral Pty Ltd [2012] NSWCA 389 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Secretary, Department of Family and Community Services v Smith [2017] NSWCA 206 Trustees Executors and Agency Co. Ltd v Riley [1941] VLR 110 Whisprun Pty Ltd v Dixon [2003] HCA 48 Texts Cited: None cited Category: Principal judgment Parties: Appellant – Life Structures Pty Ltd Respondent – Craig Burton Representation: Counsel: A Awad (Appellant) G Farland and P Lin (Respondent)