Gold Emporium Pty Ltd t/as Cordony Constructions v Anderson [2023] NSWCATAP 7

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gold Emporium Pty Ltd t/as Cordony Constructions v Anderson [2023] NSWCATAP 7 Hearing dates: 10 October 2022 Date of orders: 16 January 2023 Decision date: 16 January 2023 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President R Titterton, Senior Member Decision: 1. Appeal dismissed. 2. The orders made at first instance are affirmed subject to the alteration that the time of four months for compliance with order 1 commences on the publication of these orders. 3. The Respondents have leave to apply to the Consumer and Commercial Division for order 1 to be replaced by a monetary order. 4. The Appellant is to pay the Respondents costs of the appeal on the ordinary basis in an amount agreed or as assessed. Catchwords: APPEAL- expert evidence-criticisms of the conduct of the expert and whether the expert evidence should be accepted- refusal to allow further evidence and whether there was procedural unfairness- whether leave to appeal should be granted in respect of findings of fact concerning defects. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) – cl 12 of Sch 4 Civil and Administrative Tribunal Rules 2014 (NSW) – r 38A Home Building Act 1989 (NSW) – ss 18B, 18G National Construction Code Cases Cited: Chi Building Pty Ltd v Wedgwood [2016] NSWCATAP 64 Collins v Urban [2014] NSWCATAP 17 New Aim Pty Ltd v Leung [2022] FCA 722 Vujica v TNM Roofing Pty Ltd [2022] NSWCATAP 305 Texts Cited: None Cited Category: Principal judgment Parties: Gold Emporium Pty Ltd t/as Cordony Constructions (Appellant)