Samchris Pty Ltd v Keogh [2024] NSWCATAP 125

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Samchris Pty Ltd v Keogh [2024] NSWCATAP 125 Hearing dates: 17 June 2024 Date of orders: 28 June 2024 Decision date: 28 June 2024 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member P H Molony, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is otherwise dismissed. (3) Order 1(a) made on 8 March 2024 is varied to substitute "the orders in appeal proceedings 2024/00126894" for "these orders". (4) The appellant is to pay the respondents' costs of the appeal as agreed or assessed under the applicable costs legislation. Catchwords: APPEALS — Appeal on question of law – Scope of question of law – No material error of law – Appeal dismissed APPEALS — Leave to appeal — Principles governing – Leave to appeal refused BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Building dispute – Where the builder breached statutory warranties – Work order made against the builder Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 80, 81, Sch 4, cl 12 Civil and Administrative Tribunal Rules 2014, r 25 Electronic Transactions Act 2000 (NSW) Environmental Planning and Assessment Act 1979 (NSW), s 4 Environmental Planning and Assessment Regulation 2000 (NSW), cl 98 (repealed) Home Building Act 1989 (NSW), ss 18B, 18E, 18F, Sch 2, cl 1 Cases Cited: Alexandria Landfill Pty Ltd v Transport for NSW (2020) 103 NSWLR 479; [2020] NSWCA 165 Bimson, Roads & Maritime Services v Damorange Pty Ltd [2014] NSWSC 734 Collins v Urban [2014] NSWCATAP 17 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390; [2010] HCA 32 Morley & Ors v Australian Securities and Investments Commission [2010] NSWCA 331; (2010) 247 FLR 140 Owners SP 92450 v JKN Para 1 Pty Limited [2023] NSWCA 114 Paraiso v CBS Build Pty Ltd [2020] NSWSC 190 Redmyre Group Pty Ltd v Stockman [2023] NSWCATAP 305 The Owners – Strata Plan No 66375 v King [2018] NSWCA 170 Wollondilly Shire Council v Styles [2024] NSWCATAP 104 Yuen v Thom [2016] NSWCATAP 243 Texts Cited: National Construction Code, 2016 Category: Principal judgment Parties: Samchris Pty Ltd (Appellant) Steven John Keogh and Jacqueline Mary Keogh (Respondents) Representation: Counsel: J Pearson (Appellant) M Klooster (Respondents)