Egan v Egan [2023] NSWCATCD 10

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Egan v Egan [2023] NSWCATCD 10 Hearing dates: 20 December 2022 Date of orders: 04 January 2023 Decision date: 04 January 2023 Jurisdiction: Consumer and Commercial Division Before: R C Titterton OAM, Senior Member Decision: 1. The applicant's application to adjourn the proceedings and to file further evidence is refused. 2. The proceedings are dismissed. 3. If either party seeks a costs order other than the applicant pay the respondent's costs of the proceedings, including the reserved costs of 19 December 2022, they should file submissions within 14 days of publication of these reasons, with the other party responding within a further 14 days. The Tribunal proposes to deal with any costs application on the papers and without a hearing. If either party opposes that course, they should address that issue in their submissions. Catchwords: BUILDING AND CONSTRUCTION – application to adjourn proceedings – application to file further evidence – application for summary dismissal – the guiding principle of the Civil and Administrative Tribunal Act 2013 (NSW) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) – s 36, 55(1)(b) Home Building Act 1989 (NSW) – 3, 18E, 48A, and cl 2 of Sch 1 and cl 2(3)(i) of Sch 1 Cases Cited: Guthrie v Spence (2009) 78 NSWLR 225 Murray v Hall (1849) 7 CB 441 Wright v Gibbons (1949) 78 CLR 313 Guthrie v Australia and New Zealand Banking Group Ltd (1991) 23 NSWLR 672 Singh v Kaur Bal (No 2) (2014] WASCA 88 Ochudzawa v Lepagier; Lepagier v Ochudzawa [2022] NSWCATCD 57 Texts Cited: Blackstone, Commentaries on the Laws of England, Vol 2 Butt, Land Law, Seventh Edition Coke E, Commentary upon Littleton, Vol 1, 19th ed, London, 1832 Category: Procedural rulings Parties: Applicant: Jeffrey Egan Respondent: Natasha Egan Representation: Counsel: