Professional Construction Service Pty Ltd v The Owners - SP 92156 [2023] NSWCATAP 323

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Professional Construction Service Pty Ltd v The Owners - SP 92156 [2023] NSWCATAP 323 Hearing dates: 30 October 2023 Date of orders: 06 December 2023 Decision date: 06 December 2023 Jurisdiction: Appeal Panel Before: D Charles, Senior Member R C Titterton OAM, Senior Member Decision: 1. To the extent that the appeal raises questions of law, the appeal is dismissed. 2. To the extent that the appeal raises other errors, leave to appeal is refused. 3. Any party seeking its costs of the appeal may file and serve its written submissions on that issue only (no more than 5 pages) within 14 days of the date of these orders. 4. A costs' respondent is to file and serve any written submissions in response to the issue of costs only (no more than 5 pages) within 28 days of the date of these orders. 5. A costs' applicant may file and serve a written submission (no more than 3 pages) strictly in reply to a costs' applicant's submission within 35 days of the date of these orders. Catchwords: BUILDING AND CONSTRUCTION – appeal – adequacy of reasons – s 48MA of the Home Building Act 1989 (NSW) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 28, 60, 80; cl 12 of Sch 4 Civil and Administrative Tribunal Rules 2014 (NSW), rr 38, 38A Home Building Act 1989 (NSW), ss 18B, 18E, 48MA Cases Cited: Anderson Stuart v Treleaven (2000) 49 NSWLR 88; [2000] NSWSC 283 Calderbank v Calderbank [1976] Fam Law 93; 3 All ER 333; 3 WLR 586 Collins v Urban [2014] NSWCATAP 17 Coulton v Holcombe (1986) 162 CLR 1; [1986] HCA 33 Crystele Designer Homes Pty Ltd v Wood [2023] NSWCATAP 242 Flynn v PPK Mining Equipment Pty Ltd (No 2) [2022] NSWSC 1640 House v The King (1936) 55 CLR 499 Naish aka Khosroabadi v NSW Land and Housing Corporation [2023] NSWCATAP 99 NSW Land and Housing Corporation v Orr [2019] NSWCA 231 James v NSW Land and Housing Corporation [2020] NSWCATAP 64 Kurmond Homes Pty Ltd v Marsden [2018] NSWCATAP 23 Leung v Alexakis [2018] NSWCATAP 11 Oikos Constructions Pty Ltd t/as Lars Fischer Construction v Ostin [2020] NSWCA 358 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Tudor Capital Australia Pty Ltd v Christensen [2017] NSWCA 260 Westerweller v The Owners Strata Plan No 18482 [2023] NSWCATAP 113 Texts Cited: None Cited Category: Principal judgment Parties: Professional Construction Service Pty Ltd, Appellant The Owners SP 92156, Respondent Representation: Counsel: