Rona v Opes Lifestyle Homes Pty Ltd [2022] NSWCATAP 363

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rona v Opes Lifestyle Homes Pty Ltd [2022] NSWCATAP 363 Hearing dates: 7 November 2022 Date of orders: 17 November 2022 Decision date: 17 November 2022 Jurisdiction: Appeal Panel Before: S Thode, Principal Member C Mulvey, Senior Member Decision: (1) The application to extend time for the filing of the Notice of Appeal is refused. (2) The appeal is otherwise dismissed. (3) The respondent shall file and serve submissions on the question of costs seven days after publication of these reasons. (4) The applicant shall file and serve submissions on the question of costs fourteen days after publication of these reasons. (5) The submissions should address whether a hearing on the question of costs can be dispensed with and whether the special circumstances provisions of ss60 of the NCAT Act apply. Catchwords: APPEALS – Home Building Act 1989 – decision against the weight of evidence- total failure of consideration 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 Moody v M K Building Services Group Pty Ltd [2022] NSWCATAP 212 Luo v Zhai [2015] FCA 350 Prendergast v Western Murray Irrigation Limited [2014] NSWCATAP 69 Category: Principal judgment Parties: Andrew Robert Rona (Appellant) Opes Lifestyle Pty Ltd (Respondent) Representation: D Southwell Appellant D Vaughan Respondent File Number(s): 2022/00256564 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 10 May 2022 Before: C Paull, Senior Member File Number(s): HB 21/47303, HB 21/46061