Falzon v Lockrey [2023] NSWCATAP 32

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Falzon v Lockrey [2023] NSWCATAP 32 Hearing dates: 30 January 2023 Date of orders: 6 February 2023 Decision date: 06 February 2023 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member G Burton SC, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is otherwise dismissed. Catchwords: APPEALS — From exercise of discretion — Regard to irrelevant considerations APPEALS — From exercise of discretion — Disregard of relevant considerations APPEALS — Leave to appeal — Principles governing – leave to appeal refused APPEALS — Procedural fairness — Failure to give reasons — Adequacy of reasons BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Building dispute – where the builder breached statutory warranties – work order made against the builder Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 80, 81, Sch 4, cl 12 Civil and Administrative Tribunal Rules 2014 (NSW), r 25 Home Building Act 1989 (NSW), ss 3A, 4, 7, 7AA, 18B, 18E, 48A, 48K, 48MA, 48O, 92, Sch 1, cll 1, 2 Home Building Regulation 2014 (NSW), cll 12, 13, 53 Plumbing and Drainage Act 2011 (NSW), ss 3, 4 Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Berry v Andrews [2022] FedCFamC1A 120; (2022) 65 Fam LR 183 Browne v Dunn (1894) 6 R 67 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Ghosh v Medical Council of New South Wales [2020] NSWCA 122 House v R (1936) 55 CLR 499; [1936] HCA 40 Leung v Alexakis [2018] NSWCATAP 11 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24; [1986] HCA 40 NSW Land and Housing Corporation v Orr (2019) 100 NSWLR 578; [2019] NSWCA 231 Origin Concepts Pty Ltd v Wynne [2022] NSWCATAP 31 Orr v Cobar Management Pty Limited (2020) 103 NSWLR 36; [2020] NSWCCA 220 P8 Auto Ltd t/as European Automotive Ballina v Dolling [2022] NSWCATAP 41 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: None cited Category: Principal judgment Parties: David Falzon (Appellant) Christopher Lockrey (Respondent) Representation: Appellant (Self-represented) Respondent (Self-represented) File Number(s): 2022/00352833 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 27 October 2022 Before: J Searson, General Member File Number(s): HB 21/48877