White v McClellan [2022] NSWCATAP 340

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: White v McClellan [2022] NSWCATAP 340 Hearing dates: 26 September 2022 Date of orders: 02 November 2022 Decision date: 02 November 2022 Jurisdiction: Appeal Panel Before: S Thode, Principal Member D Fairlie, Senior Member Decision: 1. Leave to Appeal refused. 2. Appeal dismissed. Catchwords: APPEALS – Home Building Act 1989 – decision against the weight of evidence - assessment of compensation Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Cases Cited: Bellgrove v Eldridge [1954] HCA 36 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Haines v Bendall [1991] HCA 15 Haset Sali v SPC Limited [1993] HCA 47 Prendergast v Western Murray Irrigation Limited [2014] NSWCATAP 69 Category: Principal judgment Parties: David White (Appellant) Melissa and Mark McClellan (Respondents) Representation: Appellant in person Respondents in person File Number(s): 2022/00211979 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 13 July 2022 Before: I Archibald, Senior Member File Number(s): HB 21/44602