Zhou v Zhang [2024] NSWCATAP 34

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zhou v Zhang [2024] NSWCATAP 34 Hearing dates: 15 November 2023 Date of orders: 08 March 2024 Decision date: 08 March 2024 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President C Mulvey, Senior Member Decision: 1. Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), an order is made dispensing with a further hearing. 2. The application for leave to appeal is refused and the appeal is otherwise dismissed. Catchwords: PRACTICE AND PROCEDURE – building claim – right of applicant to withdraw building claim under s 48I of the Home Building Act 1989 (NSW) – no discretion of the Tribunal to prevent withdrawal of proceedings under s 48I – no right of respondent to insist on final hearing of dispute in these circumstances. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) (repealed) Home Building Act 1989 (NSW) Strata Schemes Management Act 1996 (NSW) (repealed) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Goodwin v Phillips (1908) 7 CLR 1 at 14: [1908] HCA 55 House v The King (1936) 55 CLR 499; [1936] HCA 40 Maybury v Plowman (1913) 16 CLR 468 [1913] HCA 43 Spicer v Owners Corporation SP 64558 [2016] NSWCATAP 11 Texts Cited: Nil Category: Principal judgment Parties: Appellant: Qingwen Zhou Respondent: Mingshun Zhang Representation: Appellant: Ling Mei Zhong Respondent: Yao Man Zhang File Number(s): 2023/00304298 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 08 September 2023 Before: D Goldstein, Senior Member File Number(s): HB 23/14262