Ikona Developments Pty Ltd v Tierney [2023] NSWCATAP 281

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ikona Developments Pty Ltd v Tierney [2023] NSWCATAP 281 Hearing dates: 14 August 2023 Date of orders: 19 October 2023 Decision date: 19 October 2023 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member L Wilson, Senior Member Decision: 1. In relation to the ground of appeal that the Tribunal erred in finding that the applicant's cause of action with respect to the French doors was in detinue, the appeal is allowed. 2. The appeal is otherwise dismissed. 3. Pursuant to s 81 of the Civil and Administrative Tribunal Act 2023 (NSW), in substitution for the orders of the Tribunal of 16 May 2023 in HB 22/53569, the Appeal Panel: (a) confirms order (1), noting that item (12) insulation was removed by consent and given effect in orders of the Appeal Panel of 26 June 2023. (b) confirms order (2). Catchwords: APPEALS – questions of law – procedural fairness APPEALS – measure of damages - fresh evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36, 80, 81 Home Building Act 1989 (NSW), ss 18B, 48A Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Al Zoubidi v Madadi [2023] SADC 20 Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Cachia v Hanes [1994] HCA 14 Chapman v McLaughin [2016] NSWCATAP 212 Dalgety & Co Ltd v Warden [1954] St R Qd 251 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94, Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy Car Sales Gallagher v Masters Installation Pty Ltd [2017] Newark Engineering (NZ) Ltd v Jenkin [1980] 1 NZLR 504 NSWCATAP 117 Pacorp Holdings Pty Ltd v Waller [2017] NSWCATAP 167 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Profitability Consulting Pty Ltd v Thorpe [2018] NSWCATAP 41 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Ted Brown Quarries Pty Ltd v General Quarries (Gilston) Pty Ltd (1977) 16 ALR 23 Temple v AMR Motors Pty Limited [2017] NSWCATAP 221 Troulis v Vamvoukakis [1998] NSWCA 237 The Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64 Texts Cited: Nil Category: Principal judgment Parties: Ikona Developments Pty Ltd (Appellant) Debra Maree Tierney (Respondent) Representation: Ms J Cuk, company secretary (Appellant) Respondent (self-represented) File Number(s): 2023/00191413 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2023] NSWCATCD Date of Decision: 16 May 2023 Before: D Goldstein, Senior Member File Number(s): HB 22/53569