Crystele Designer Homes Pty Ltd v Wood [2023] NSWCATAP 242

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Crystele Designer Homes Pty Ltd v Wood [2023] NSWCATAP 242 Hearing dates: 14 August 2023 Date of orders: 29 August 2023 Decision date: 29 August 2023 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member G Blake AM SC, 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. 4. If any party wishes to make an application to vary order (3) above, the applicant (the costs applicant) must file and serve a costs application, including submissions limited to three pages and any evidence in support, on or before 14 days from the date of this decision. 5. The respondent to the costs application is to file and serve any submissions limited to three pages and any evidence in reply on or before 28 days from the date of this decision. 6. The costs applicant is to file any submissions limited to two pages in reply on or before 35 days from the date of this decision. 7. The parties are to indicate in their submissions whether they consent to an order dispensing with an oral hearing of the costs application, and if they do not consent, submissions of no more than one page as to why an oral hearing should be conducted rather than the application being determined on the papers. If a hearing is not dispensed with, the parties will be advised of a date for the hearing of the application. Catchwords: APPEALS — Appeal on question of law – Scope of question of law APPEALS — From exercise of discretion — Acting on the wrong principle APPEALS — Leave to appeal — Principles governing – Leave to appeal refused BUILDING AND CONSTRUCTION – Residential building work – Statutory warranties under Home Building Act 1989 (NSW) – Claims by owner against builder – Whether single cause of action for breach of contract – Whether amendments to introduce new defects more than two years after completion of building work should be permitted – Money order made against the builder Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 60, 80, 81, Sch 4, cl 12 Civil and Administrative Tribunal Rules 2014 (NSW), r 38A Civil Procedure Act 2005 (NSW), s 65 Home Building Act 1989 (NSW), ss 3B, 18B, 18E, 48A, 48K, 48MA, 48O Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Australian Health & Nutrition Association Ltd v Hive Marketing Group Pty Ltd (2019) 99 NSWLR 419; [2019] NSWCA 61 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 Brennan Constructions Pty Ltd v Davison [2018] NSWCATAP 210 Collins v Urban [2014] NSWCATAP 17 David Cameron Jones t/as Oz Style Homes v Panchal [2018] NSWCATAP 238 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 Kurmond Homes Pty Ltd v Marsden [2018] NSWCATAP 23 Leung v Alexakis [2018] NSWCATAP 11 Moody v M K Building Services Group Pty Ltd [2022] NSWCATAP 212 Nationwide Builders Pty Ltd v Le Roy [2019] NSWCATAP 220 Noori Homes Pty v Patel [2023] NSWCATAP 149 Parkview Constructions Pty Ltd v The Owners – Strata Plan No 90018 [2023] NSWCA 66 Schwartz Family Co Pty Ltd v Capitol Carpets Pty Ltd [2017] NSWCA 223 The Owners – Strata Plan No 90018 v Parkview Constructions Pty Ltd [2022] NSWSC 1123 Thomas and Naaz Pty Ltd v Chief Commissioner of State Revenue [2023] NSWCA 40 Yuen v Thom [2016] NSWCATAP 243 Texts Cited: NSW Guide to Standards & Tolerances Category: Principal judgment Parties: Crystele Designer Homes Pty Ltd (Appellant) David Alexander Boyne Wood (Respondent) Representation: Counsel: A Ahmad (Appellant) G Carolan (Respondent)