Noori Homes Pty Ltd v Patel [2023] NSWCATAP 149

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Noori Homes Pty Ltd v Patel [2023] NSWCATAP 149 Hearing dates: 22 May 2023 Date of orders: 06 June 2023 Decision date: 06 June 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. (3) The appellant is to pay the respondent's costs of the appeal as agreed or assessed under the applicable costs legislation. Catchwords: APPEALS — Appeal on question of law – Scope of question of law APPEALS — From exercise of discretion — Acting on the wrong principle APPEALS — From exercise of discretion — Regard to irrelevant considerations APPEALS — Leave to appeal — Principles governing – leave to appeal refused 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, 62, 80, 81, Sch 4, cl 12 Civil and Administrative Tribunal Rules 2014 (NSW), r 25 Home Building Act 1989 (NSW), ss 48MA, 48O Home Building Amendment Act 2014 (NSW) Cases Cited: Australian Health & Nutrition Association Ltd v Hive Marketing Group Pty Ltd (2019) 99 NSWLR 419; [2019] NSWCA 61 Bimson, Roads & Maritime Services v Damorange Pty Ltd [2014] NSWSC 734 Brennan Constructions Pty Ltd v Davison [2018] NSWCATAP 210 Collins v Urban [2014] NSWCATAP 17 Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503; [2012] HCA 55 Galdona v Peacock [2017] NSWCATAP 64 House v The King (1936) 55 CLR 499; [1936] HCA 40 Jain v Dr N Kalokerinos Pty Ltd [2023] NSWCATAP 141 John McDonald Building Services Pty Ltd v Gusa [2022] NSWCATAP 60 Kurmond Homes Pty Ltd v Marsden [2018] NSWCATAP 23 Leung v Alexakis [2018] NSWCATAP 11 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24; [1986] HCA 40 Moody v M K Building Services Group Pty Ltd [2022] NSWCATAP 212 Nationwide Builders Pty Ltd v Le Roy [2019] NSWCATAP 220 New South Wales Land and Housing Corporation v Orr (2019) 100 NSWLR 578; [2019] NSWCA 231 Thomas and Naaz Pty Ltd (ACN 101 491 703) v Chief Commissioner of State Revenue [2022] NSWCATAP 220 Thomas and Naaz Pty Ltd v Chief Commissioner of State Revenue [2023] NSWCA 40 Texts Cited: None cited Category: Principal judgment Parties: Noori Homes Pty Ltd (Appellant) Mithilesh Patel (Respondent) Representation: Counsel: P Tiliakos (Appellant) M Birch, solicitor (Respondent)