Orosi v Nourozi [2023] NSWCATCD 59

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Orosi v Nourozi [2023] NSWCATCD 59 Hearing dates: On the papers Date of orders: 06 June 2023 Decision date: 06 June 2023 Jurisdiction: Consumer and Commercial Division Before: R C Titterton OAM, Senior Member Decision: 1. A hearing is dispensed with. 2. The application of Orosi Pty Ltd to transfer applications HB 22/46158 and HB 22/56030 is dismissed. 2. The costs of the transfer application are reserved. 3. The hearing of 13 October 2022 is confirmed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 50(2) Home Building Act 1989 (NSW), s 48K Cases Cited: BKB Constructions Pty Ltd v Sawan [2022] NSWCATAP 103 Texts Cited: Nil Category: Procedural rulings Parties: Applicant: Shanin Nourozi UT Pty Ltd ATF Shanin Nourozi Unit Trust Respondent: Orosi Pty Ltd Representation: Solicitors:

Applicant: Australian Presence Legal Pty Ltd Respondent: Development Lawyers Pty Ltd File Number(s): HB 22/46158 Publication restriction: Nil

REASONS FOR DECISION

Summary 1. This is the application of Orosi Pty Ltd (Builder) to transfer proceedings HB 22/56030 and HB 22/46158 to the District Court of New South Wales (District Court). 2. For the following reasons, the application is dismissed.

Background 1. Application HB 22/46158 was filed on 17 October 2022 (Homeowner's application). The applicant is Shanin Nourozi UT Pty Ltd ATF Shanin Nourozi Unit Trust (Homeowner). He seeks an order that the Builder pay him approximately $334,000 for loss and damage in relation to defective building works. 2. Application HB 22/56030 was filed on 20 December 2022 (Builder's application). It seeks $215,616 for "unpaid monies".