Madic Construction Pty Ltd v Noble [2023] NSWCATAP 130

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Madic Construction Pty Ltd v Noble [2023] NSWCATAP 130 Hearing dates: 13 February 2023 Date of orders: 12 May 2023 Decision date: 12 May 2023 Jurisdiction: Appeal Panel Before: S Thode, Principal Member D Goldstein, Senior Member Decision: 1. Leave to appeal granted. 2. Appeal allowed in part. 3. Orders in accordance with paragraph [117]. Catchwords: APPEAL – HOME BUILDING – Renewal proceedings – orders made must be other than original orders – against the weight of evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Civil and Administrative Tribunal Rules 2014 (NSW), Cases Cited: Collins v Urban [2014] NSWCATAP 17 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Blessed Sydney Constructions Pty Ltd v Vasudevan [2018] NSWCATAP 98 Mania v NSW Land and Housing Corporation [2022] NSWCATAP 376 Texts Cited: None cited Category: Principal judgment Parties: Robert and Margaret Noble (Respondents ) Madic Construction Pty Ltd (Appellant) Representation: Mr D. Massey for the appellant Respondents in person File Number(s): 2022/00350075 Publication restriction: Nil Decision under appeal Court or tribunal: Consumer and Commercial Division Jurisdiction: NSW Civil and Administrative Tribunal Citation: [2020] NSWCATCD Date of Decision: 22 August 2022 Before: Senior Member Burton File Number(s): HB 22/12531