Brucic Pty Ltd v Turton [2023] NSWCATAP 129

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Brucic Pty Ltd v Turton [2023] NSWCATAP 129 Hearing dates: 27 March 2023 Date of orders: 15 May 2023 Decision date: 15 May 2023 Jurisdiction: Appeal Panel Before: P. Durack SC, Senior Member D. Goldstein, Senior Member Decision: The appellant is granted an extension of time until 18 January 2023 in which to lodge the appeal. To the extent that such leave is required, leave to appeal is refused. The appeal is dismissed. Within 14 days of the publication of these reasons, any party that wishes to apply for an order in relation to the costs of the appeal is to file and serve written submissions in support of the application, including submissions as to whether a hearing in respect of the application may be dispensed with, and within 14 days thereafter the parties are to file and serve any written submissions in reply. Catchwords: BUILDING AND CONSTRUCTION-breach of statutory warranty of due care and skill under the Home Building Act 1989 (NSW)-whether work done was residential building work-whether work was done on a "driveway", which is included within the definition of a "dwelling"-work done on part of road used to access dwelling on a small rural property-whether question of law involved-conclusion that work was done on a "driveway" was open to the Tribunal. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Rules 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: Lawrence v Ciantar; Ciantar v Lawrence [2019] NSWSC 464 Pickwell v Cotswold Australia Pty Ltd [2001] NSWCA 462 Orr v Cobar Management Pty Limited [2020] NSWCCA 220 Category: Principal judgment Parties: Brucic Pty Ltd (Appellant) James Turton (Respondent) Representation: Counsel J Mack (Respondent)