Jakin Constructions Pty Ltd v Shrimpton [2024] NSWCATAP 39

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jakin Constructions Pty Ltd v Shrimpton [2024] NSWCATAP 39 Hearing dates: 13 November 2023 Date of orders: 15 March 2024 Decision date: 15 March 2024 Jurisdiction: Appeal Panel Before: S Thode, Principal Member D Goldstein, Senior Member Decision: 1. The appeal is dismissed. 2. The appellant is to pay the respondents' cost of the appeal as agreed or assessed under the Legal Profession Uniform Law Application Act 2014. 3. If the costs order is opposed any party seeking a different costs order may file and serve submissions on costs within 14 days. 4. The party receiving cost submissions will have a further 14 days to file and serve a response. 5. Subject to the parties' submissions, the Appeal Panel will determine any cost application made on the basis of the submissions and papers filed with the Appeal Panel. Catchwords: APPEALS- BUILDING AND CONSTRUCTION – renewal – work order not completed – other appropriate orders available on renewal – money order made in accordance with consent orders – no error on a question of law established. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Coulton v Holcombe (1986) 162 CLR 1 Craig v State of South Australia (1995) 184 CLR 163 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26 Goodwin v Commissioner of Police [2012] NSWCA 379 LVR (WA) Pty Ltd v Administrative Appeals Tribunal [2012] FCAFC 90; 289 ALR 244 Maclean v Brylewski [2023] NSWCA 173 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1985-6) 162 CLR 24 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Naish aka Khosroabadi v NSW Land and Housing Corporation [2023] NSWCATAP 99 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Sean Investments Pty Ltd v MacKellar (1981) 38 ALR 363 Texts Cited: Robinson and Lucy's "NCAT Practice and Procedure", Second Edition 2020 Spry, Equitable Remedies 9e - Equity - Common Law Category: Principal judgment Parties: Jakin Constructions Pty Ltd (Appellant) Lisa and Dean Shrimpton (Respondent) Representation: Counsel: Mr T Davie (Appellant) Mr R Sud (Respondents)