Austral Built Pty Limited v Khan & Sultana [2022] NSWCATAP 403

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Austral Built Pty Limited v Khan & Sultana [2022] NSWCATAP 403 Hearing dates: 5 December 2022 Date of orders: 23 December 2022 Decision date: 23 December 2022 Jurisdiction: Appeal Panel Before: I R Coleman SC ADCJ, Principal Member G Curtin SC, Senior Member Decision: 1. The appeal is allowed in part. 2. Order 2 of the Orders of 29 August 2022 is varied to provide that, in lieu of the sum of $385,001.50 the sum of $168,251.50 be substituted. 3. The appeal is otherwise dismissed. 4. Leave to appeal is refused. 5. Any party seeking an order for costs of the appeal file and serve written submissions not exceeding 5 pages in length in support of such application within 21 days. 6. A party resisting any order for costs file and serve written submissions not exceeding 5 pages in length within 42 days. 7. Any part opposing the making of an order pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 dispensing with an oral hearing of any application for costs file and serve written submissions not exceeding 3 pages in length in opposition to such order within 42 days. Catchwords: APPEAL - whether error of law demonstrated - whether grounds for leave to appeal demonstrated - whether new evidence should be admitted Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Micallef v ICI Australia Operations Pty Limited [2001] NSWCA 274 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Prendergast v Western Murray Irrigation Limited [2014] NSWCATAP 69 Category: Principal judgment Parties: Austral Built Pty Ltd (Appellant) Muhammad Anisur Rahman Khan (Respondent) Silvia Sultana (Respondent) Representation: Counsel: B Anderson (Respondents)