Ilhan v Easy Automatic Gate Pty Ltd [2024] NSWCATAP 150

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ilhan v Easy Automatic Gate Pty Ltd [2024] NSWCATAP 150 Hearing dates: 01 July 2024 Date of orders: 02 August 2024 Decision date: 02 August 2024 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President G Blake AM SC, Senior Member Decision: (1) Leave to appeal is refused and the appeal is dismissed. (2) Subject to order (3), there is no order as to the costs of the appeal. (3) If any party wishes to make an application to vary order (2) above, the applicant (the costs applicant) is to file and serve a costs application, including submissions limited to three pages and any evidence in support, within 14 days from the date of this decision, whereupon order (2) will cease to have effect. (4) The respondent to the costs application is to file and serve any submissions limited to three pages and any evidence in opposition within 28 days from the date of this decision. (5) The costs applicant is to file any submissions in reply limited to two pages within 35 days from the date of this decision. Catchwords: APPEALS - Constructive failure to exercise jurisdiction - No material error of law - Appeal dismissed APPEALS - Leave to appeal - Principles governing - Leave to appeal refused APPEALS - Procedural fairness - Failure of the builder to strictly comply with procedural orders - Appeal dismissed BUILDING AND CONSTRUCTION - Home Building Act 1989 (NSW) - Building dispute - Where breach of statutory warranties by the builder not established Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 80, 81, Sch 4, cl 12 Civil and Administrative Tribunal Rules 2014, rr 25, 38A Home Building Act 1989 (NSW), ss 4, 7AAA, 10, 18B Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Alexandria Landfill Pty Ltd v Transport for NSW (2020) 103 NSWLR 479; [2020] NSWCA 165 Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Baas v JB Hi Fi Group Pty Ltd [2021] NSWCATAP 10 Bimson, Roads & Maritime Services v Damorange Pty Ltd [2014] NSWSC 734 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd (2006) 229 CLR 577; [2006] HCA 55 Coulton v Holcombe (1986) 162 CLR 1; [1986] HCA 33 Fisher v Nonconformist Pty Ltd [2024] NSWCA 32 Goode v Angland (2017) 96 NSWLR 503 [2017] NSWCA 311 Inventbuild Pty Ltd v Tulemis [2024] NSWCATAP 49 Italiano v Carbone & Ors [2005] NSWCA 177 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705; [2001] NSWCA 305 Naish aka Khosroabadi v NSW Land and Housing Corporation [2023] NSWCATAP 99 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Sinha v NSW Land and Housing Corporation [2024] NSWCATAP 130 Steelbond Australia Pty Ltd v Wein [2024] NSWCATAP 20 X-Build Construction Services Pty Ltd v O'Rourke [2020] NSWCATAP 181 Yuen v Thom [2016] NSWCATAP 243 Texts Cited: None cited Category: Principal judgment Parties: Jerene Ilhan (Appellant) Easy Automatic Gate Pty Ltd (Respondent) Representation: Appellant (self-represented)