Ferntree Homes Pty Ltd v Bernleitner [2023] NSWCATAP 169

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ferntree Homes Pty Ltd v Bernleitner [2023] NSWCATAP 169 Hearing dates: 13 February 2023 Date of orders: 26 June 2023 Decision date: 26 June 2023 Jurisdiction: Appeal Panel Before: S Thode Principal Member D Goldstein Senior Member Decision: 1. The stay of the decision made on 14 October 2022 in HB 21/31536 is lifted. 2. Leave to appeal is refused. 3. Appeal dismissed. 4. In the event that a party wishes to bring a costs application, such application must be lodged in the Appeal Panel Registry and served on/given to the costs respondent within 14 days of the date of the orders either attaching or referring to the documents relied upon in support of the application. 5. The costs respondent will have 14 days after the date it or they receive the application to lodge in the Appeal Panel Registry and serve on/give to the costs applicant its or their submissions, if any, in response to the costs application, such submissions either attaching or referring to the documents relied upon. 6. The parties must state in their submissions whether or not they consent to the costs application being determined on the basis of the parties' written submissions and attached documents, if any, without the need for a hearing. 7. Subject to the parties' submissions, the Appeal Panel will determine any costs application made on the basis of the papers lodged in the Appeal Panel Registry. Catchwords: APPEALS – Reasons – Adequacy – Leave to appeal - Whether the appellant had suffered a substantial miscarriage of justice Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: Camilleri v Eastlake [2018] NSWCATAP 176 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Collins v Urban [2014] NSWCATAP 17 Gan v Shop 3, 228-230 Hanvaylee Parade Kensington Pty Ltd [2016] NSWCATAP 210 Mamo v Surace (2014) 86 NSWLR 275 Morris v Webb [2022] NSWCATAP 54 Multicon Engineering Pty Ltd v Federal Airports Corporation (1997) 47 NSWLR 631 Oppidan Homes Pty Ltd v Baldwin and Granofsky [2016] NSWCATAP 109, Pholi v Wearne [2014] NSWCATAP 78 Scarano v Palm Pools and Spas Pty Ltd [2019] NSWCATAP 79 Stoker v Adecco Gemvale Constructions Pty Limited [2004] NSWCA 449 Taylor v Clientel Development Pty Ltd [2020] NSWCATAP 136 Texts Cited: None cited Category: Principal judgment Parties: Ferntree Homes Pty Ltd (Applicant) Robert Bernleitner and Morena Bernleitner (Respondents) Representation: Counsel: D Robertson (Respondents)