Flitcroft v Cassidy Constructions Pty Ltd t/as Buildscene [2023] NSWCATCD 26

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Flitcroft v Cassidy Constructions Pty Ltd t/as Buildscene [2023] NSWCATCD 26 Hearing dates: 13 March 2023 Date of orders: 15 March 2023 Decision date: 15 March 2023 Jurisdiction: Consumer and Commercial Division Before: R C Titterton OAM, Senior Member Decision: 1. The applicant's application to file the supplementary report of Mr Kyle and for ancillary orders is dismissed. 2. If the respondent seeks costs, it should file submissions within 14 days. Those submissions must identify the relevant costs rule, and the reason why the respondent says it is entitled to costs. 3. The applicant may respond within a further 14 days. 4. The respondent may reply within a further 7 days. 5. The hearing date of 4 April 2023 is confirmed. Catchwords: PRACTICE AND PROCEDURE – application to reopen expert evidence component of proceedings – application refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) - ss 38(2), 38(5)(c) and 38(6)(a) Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Bailey v Palombo [2020] NSWSC 1209 Bao Long Guo t/as GD Brother Projects v GB Electrical Services Pty Ltd [2020] NSWCATAP 131 EB v CT (No 2) [2008] QSC 306 Reid v Brett [2005] VSC 18 Smith v New South Wales Bar Association (1992) 176 CLR 256 Category: Procedural rulings Parties: First Applicant: Julian Flitcroft Second Applicant: Margaret Flitcroft Respondent: Cassidy Constructions Pty Ltd t/as Buildscene Representation: Counsel: