Anderson v Gold Emporium Pty Ltd t/a Cordony Constructions (No 2) [2023] NSWCATCD 43

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Anderson v Gold Emporium Pty Ltd t/a Cordony Constructions (No 2) [2023] NSWCATCD 43 Hearing dates: On the papers Date of orders: 06 April 2023 Decision date: 06 April 2023 Jurisdiction: Consumer and Commercial Division Before: D Robertson, Senior Member Decision: (1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) a hearing in respect of the application for miscellaneous matters filed by the applicants on 9 February 2023 is dispensed with. (2) The applicants' application for a money order in place of order 1 made on 21 June 2022 is dismissed. (3) The applicants are to pay the respondent's costs of the application as agreed or assessed. Catchwords: BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) s 48O – Order that the respondent carry out work to rectify building defects – Application for substitution with an order for the payment of money – Tribunal has no jurisdiction to revisit orders once made except in the narrow circumstances provided by s 63 of the Civil and Administrative Tribunal Act 2013 (NSW). ADMINISTRATIVE LAW – Civil and Administrative Tribunal – Application to substitute an order for the payment of money instead of an order for the carrying out of work – Tribunal has no jurisdiction to vary orders once made except for obvious errors in the text of a notice of a decision or a statement of reasons (pursuant to s 63 of the Civil and Administrative Tribunal Act). Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: Anderson v Gold Emporium Pty Ltd t/a Cordony Constructions [2022] NSWCATCD 110 Gold Emporium Pty Ltd t/as Cordony Constructions v Anderson [2023] NSWCATAP 7 Jayasooriah v Wisdom Properties Group Pty Ltd [2020] NSWCATAP 81 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11; 209 CLR 597 Texts Cited: Nil Category: Procedural rulings Parties: Mark Anderson and Kathy Anderson (applicants) Gold Emporium Pty Ltd t/a Cordony Constructions (respondent) Representation: Counsel: T Kent (respondent)