Alam v Rahman [2024] NSWCATAP 144

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Alam v Rahman [2024] NSWCATAP 144 Hearing dates: 15 July 2024 Date of orders: 26 July 2024 Decision date: 26 July 2024 Jurisdiction: Appeal Panel Before: A Balla ADCJ, Principal Member S Thode, Principal Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. (3) Subject to the outcome of any costs application pursuant to order (4) below, the appellant is to pay the respondent's costs of the appeal on the ordinary basis as agreed or assessed. (4) If any party wishes to make an application to vary order 3, the applicant (the costs applicant) must file and serve a costs application in the form of an Application for Miscellaneous Matters, including submissions limited to five pages and any evidence in support, within 14 days of the date of these orders. (5) The respondent to the costs application is to file and serve any submissions, limited to five pages, and any evidence in reply within 14 days thereafter. (6) The Appeal Panel may dispense with a hearing and determine any application for costs on the basis of the written submissions and evidence provided. If the parties oppose this course, they should make submissions on this issue when complying with the directions as to their submissions on the substantive costs application. Catchwords: APPEALS — BUILDING AND CONSTRUCTION---Home Building Act 1989 (NSW)--- s 48K ---Jurisdiction of Tribunal to hear and determine a claim as made – if claim as made over jurisdictional limit of the Tribunal Legislation Cited: Civil and Administrative Tribunal Act 2014 Home Building Act 1989 (NSW), s 48J Cases Cited: Collins v Urban [2014] NSWCATAP 17 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited [2013] HCA 46 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Sayhoun v Owners Corporation Strata Plan 75123 [2014] NSWCATAP 112 The Owners - Strata Plan No. 70030 v Decon Australia Pty Ltd [2014] NSWSC 347Australia Pty Ltd [2014] NSWSC 347 Wollondilly Shire Council v Styles [2024] NSWCATAP 104 Ferella & Anor v Chief Commissioner of State Revenue [2014] NSWCA 378 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Texts Cited: None cited Category: Principal judgment Parties: Mohammed Shafiul Alam (Appellant) Md Mustafijur Rahman (First Respondent) Sayeeda Rahman (Second Respondent) Representation: A Guy (Appellant) P Folino-Gallo (Respondents) File Number(s): 2024/00169073 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Date of Decision: 08 April 2024 Before: S Hennings, General Member File Number(s): 2023/00380807