Rigby v Oxenford [2023] NSWCATAP 79

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rigby v Oxenford [2023] NSWCATAP 79 Hearing dates: 6 March 2023 Date of orders: 20 March 2023 Decision date: 20 March 2023 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member D Fairlie, Senior Member Decision: (1) The time for lodgement of the notice of appeal is extended to 12 December 2022. (2) Leave to appeal is refused. (3) The appeal is otherwise dismissed. Catchwords: APPEALS — Constructive failure to exercise jurisdiction — Failure to address a material issue and material evidence – failure not established APPEALS — Leave to appeal — Principles governing – leave to appeal refused APPEALS — Procedural fairness - Bias or apprehension of bias – prejudgment not established APPEALS — Procedure — Time limits — Extension of time – application granted BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Building dispute – where the builder breached statutory warranties – money order made against the builder Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 41, 80, 81, Sch 4, cl 12 Civil and Administrative Tribunal Rules 2014 (NSW), r 25 Home Building Act 1989 (NSW) Cases Cited: 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 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: None cited Category: Principal judgment Parties: Ryan Rigby (Appellant) Katie Oxenford and Ryan Oxenford (Respondents) Representation: Appellant (self-represented) Respondents (self-represented) File Number(s): 2022/00375431 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Nil Date of Decision: 2 November 2022 Before: P Boyce, Senior Member File Number(s): HB 22/03844