GMI Construction Pty Ltd v Keshavarz [2024] NSWCATAP 68

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GMI Construction Pty Ltd v Keshavarz [2024] NSWCATAP 68 Hearing dates: 30 November 2023 Date of orders: 1 May 2024 Decision date: 01 May 2024 Jurisdiction: Appeal Panel Before: K Ransome, Principal Member Dr J Lucy, Senior Member Decision: (1) Leave to appeal from the decision to refuse the appellant's adjournment application is refused. (2) The appeal is otherwise dismissed. (3) The stay order made on 6 October 2023 is lifted. (4) The time for compliance with the order made on 6 July 2023 that the GMI Construction Pty Ltd pay the homeowners the sum of $146,751.03 is extended to 25 May 2024 Catchwords: APPEALS – Whether Tribunal denied the appellant procedural fairness by refusing its adjournment application – Whether Tribunal's discretion miscarried when refusing adjournment application – Whether Tribunal erred in finding that certain defects were "major defects" and that it had jurisdiction in relation to the respondents' building claim – Whether the Tribunal's findings that certain defects were "major defects" were made without probative evidence to support them – Whether the Tribunal erred in finding that the appellant was a party to the home building contract with the respondents. Legislation Cited: Home Building Act 1989 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Austin v Dwyer [2023] VSCA 227 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Bailey v Owners Corporation Strata Plan 62666 [2011] NSWCA 293 BH Australia Constructions Pty Ltd v Kapeller [2019] NSWSC 1086 Bobolas v Waverley Council [2016] NSWCA 139; (2016) 92 NSWLR 406 Cappello v Hammond & Simonds NSW Pty Ltd [2021] NSWCA 57 Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 Collins v Urban [2014] NSWCATAP 17 Drivas v Burrows [2014] NSWCATAP 87 Dyldam Developments Pty Ltd v Owners - Strata Plan 85305 (2020) 104 NSWLR 19 Ghazal v Masterton Homes Pty Ltd [2018] NSWCATAP 227 Gill v The Owners – Strata Plan No. 17913 [2024] NSWCATAP 37 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 Secretary of Ministry of Health v New South Wales Nurses and Midwives' Association (2022) 320 IR 249; [2022] NSWSC 1178 Skiwing Pty Ltd v Trust Company of Australia (t/as Stockland Property Management) [2006] NSWCA 276 Stevenson v Ashton [2019] NSWSC 1689 Udy v Tilley [2018] NSWCATAP 89 Texts Cited: Nil Category: Principal judgment Parties: GMI Construction Pty Ltd (Appellant) Amin Keshavarz (First Respondent) Sara Ghafoori (Second Respondent) Imad Marta (Third Respondent) Representation: Counsel: T Davie (Appellant)