TNT Building Trades Pty Ltd v Baker [2023] NSWCATAP 178

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: TNT Building Trades Pty Ltd v Baker [2023] NSWCATAP 178 Hearing dates: 19 June 2023 Date of orders: 30 June 2023 Decision date: 30 June 2023 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member L Wilson, 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 - Allegations of constructive failure to exercise jurisdiction APPEALS — From exercise of discretion — Acting on the wrong principle 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 60, 62, 80, 81, Sch 4, cl 12, Sch 6, cl 11 Civil and Administrative Tribunal Rules 2014 (NSW), rr 25, 38A Environmental Planning and Assessment Act 1979 (NSW), ss 6.1, 6.6 and 6.7 Environmental Planning and Assessment Regulation 2000 (NSW), cll 139, 145, Sch 1 (repealed) Fair Trading Act 1987 (NSW), Pt 6A Home Building Act 1989 (NSW), ss 18B, 18C, 18D, 18E, 48MA, 48O Cases Cited: Alexandria Landfill Pty Ltd v Transport for NSW (2020) 103 NSWLR 479; [2020] NSWCA 165 Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Bianco Walling Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union (2020) 275 FCR 385; [2020] FCAFC 50 Bimson, Roads & Maritime Services v Damorange Pty Ltd [2014] NSWSC 734 Collins v Urban [2014] NSWCATAP 17 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 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390; [2010] HCA 32 Leung v Alexakis [2018] NSWCATAP 11 Moody v M K Building Services Group Pty Ltd [2022] NSWCATAP 212 New South Wales Land and Housing Corporation v Orr (2019) 100 NSWLR 578; [2019] NSWCA 231 Noori Homes Pty v Patel [2023] NSWCATAP 149 Owners SP 92450 v JKN Para 1 Pty Limited [2023] NSWCA 114 The Owners of Strata Plan 76888 v Walker Group Constructions Pty Ltd [2016] NSWSC 541 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 Warren v Coombes (1979) 142 CLR 531 at 552; [1979] HCA 9 Yuen v Thom [2016] NSWCATAP 243 Texts Cited: National Construction Code, volume 2, 2016 NCAT Policy 2, Publishing Reasons for Decisions Category: Principal judgment Parties: TNT Building Trades Pty Ltd (Appellant) EIli Elise Eleni Baker (Respondent) Representation: Counsel: P Bambagiotti (Appellant) B Anderson (Respondent)