Aksan v Godfrey [2022] NSWCATAP 338

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Aksan v Godfrey [2022] NSWCATAP 338 Hearing dates: 17 October 2022 Date of orders: 28 October 2022 Decision date: 28 October 2022 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member G Curtin SC, Senior Member Decision: 1. Andrea Aksan is joined as a party to the appeal. 2. The appeal is dismissed. 3. If any party desires to make an application for costs of the appeal: a. that party is to inform the other party of that application within 14 days of the date of this decision; b. the applicant for costs is to lodge with the Appeal Registry and serve on the respondent to the costs application any written submissions of no more than five pages, and any evidence relied upon, on or before 14 days from the date of this decision; c. the respondent to any costs application is to lodge with the Appeal Registry and serve on the applicant for costs any written submissions of no more than five pages, and any evidence relied upon, on or before 28 days from the date of this decision; d. any reply submissions limited to three pages, and any evidence in reply, are to be lodged with the Appeal Registry and served on the other party within 35 days of the date of this decision; e. the parties are to indicate in their submissions whether they consent to an order dispensing with an oral hearing of the costs application, and if they do not consent, submissions of no more than one page as to why an oral hearing should be conducted rather than the application being determined on the papers. Catchwords: BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — building dispute — Tribunal powers – consent order for work to be done – completion of work to applicable building standards to be signed-off by independent expert – sign-off provided – challenge to sign-off – principles applicable to challenging expert determination agreed to by parties Legislation Cited: Nil Cases Cited: Australian Vintage Limited v Belvino Investments No 2 Pty Ltd (2015) 90 NSWLR 367; [2015] NSWCA 275 Legal & General Life of Australia Ltd v A Hudson Pty Ltd (1985) 1 NSWLR 314 Texts Cited: Nil Category: Principal judgment Parties: Jacek Aksan (First Appellant) Andrea Aksan (Second Appellant) Desmond Godfrey (Respondent) Representation: H McInnes (on behalf of both Appellants)