Jacques v S & J Harris Building Services Pty Ltd [2023] NSWCATAP 10

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jacques v S & J Harris Building Services Pty Ltd [2023] NSWCATAP 10 Hearing dates: 5 September 2022 Date of orders: 19 January 2023 Decision date: 19 January 2023 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President L Wilson, Senior Member Decision: 1. Appeal is dismissed. 2. The conditional stay order made on 14 July 2022, Order 10, is lifted. 3. The appellant must pay the respondent's legal costs of the appeal on the ordinary basis. 4. The orders made at first instance are affirmed with the proviso that if the parties cannot agree on the time by which order 2 is to be complied with by the Builder they have leave to apply to the Consumer and Commercial Division for appropriate orders, such application to be made within two months of the date of these orders. Catchwords: APPEAL – Home Building – Contract interpretation – APPEAL – Home Building - Exercise of discretion – Consideration of evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Regulations 2014 Cases Cited: Australian Health & Nutrition Association Ltd v Hive Marketing Group Pty Ltd (2019) 99 NSWLR 419 House v R (1936) 55 CLR 499 Nelson v The Owners – Strata Plan No.49504; The Owners – Strata Plan No.49504 v Nelson [2020] NSWCATAP 194 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Tom v Commissioner for Fair Trading [2022] NSWCATAP 303 Texts Cited: None cited Category: Principal judgment Parties: Theresa Jacques (Appellant) S&J Harris Building Services Pty Ltd (Respondent) Representation: Counsel: C Mobellan (Respondent)