Parry-Husbands v Roffe [2023] NSWCATCD 167

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Parry-Husbands v Roffe [2023] NSWCATCD 167 Hearing dates: 06 November 2023 Date of orders: 01 December 2023 Decision date: 01 December 2023 Jurisdiction: Consumer and Commercial Division Before: G. Sarginson, Senior Member Decision: (1) The proceedings are transferred to the District Court of NSW and continue before that court as if the proceedings had been instituted there. (2) Order 1 is stayed until determination of the costs application arising from the transfer application, or further or other order of the Tribunal. (3) The respondents are to file with the Tribunal and serve on the applicants costs submissions and documents by 7 days from the date of this decision. (4) The applicants are to file with the Tribunal and serve on the respondents costs submissions and documents in response to the respondents costs application and in support of any costs application by the applicants by 14 days from the date of this decision. (5) The respondents are to file with the Tribunal and serve on the applicants all costs submissions in reply by 21 days from the date of this decision. (6) The costs submissions of the parties are to include reference as to whether they agree to the issue of costs being determined without a further oral hearing, and if not, why not. (7) Subject to consideration of the submissions of the parties, the Tribunal may determine it appropriate to dispense with a further oral hearing on the issue of costs under s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW). (8) Any application to vary the timetable for costs submissions and documents must be made by no later than the date of compliance with the timetable obligation. (9) Costs submissions and documents must be filed with the Tribunal in hard copy. Catchwords: CIVIL PROCEDURE---Transfer of proceedings---From NCAT to District Court---Jurisdiction of Tribunal under Home Building Act 1989---Claim for damages exceeding jurisdiction limit---Further and separate claim involving sale of premises---Whether grounds established for transfer Legislation Cited: Australian Consumer Law 2010 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil Procedure Act 2005 (NSW). Evidence Act 1995 (NSW) Home Building Act 1989 (NSW) (HB Act) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Beetson v Charnwood Constructions Pty Ltd [2021] NSWCATCD 142 BKB Constructions Pty Ltd v Sawan [2022] NSWCATAP 103 Breecass Pty Ltd v The Owners-Strata Plan No 61419; The Owners-Strata Plan No 61419 v Breecass Pty Ltd [2019] NSWCATCD 23 Dasreef Pty Ltd v Hawchar [2011] HCA 21; (2011) 243 CLR 588 Gregg v R [2022] NSWCCA 245 Grygiel v Baine [2005] NSWCA 218 Owners-Strata Plan No 730030 v Decon Australia Pty Ltd [2014] NSWSC 347 Promina Design & Construction Pty Ltd v The Owners-Strata Plan No 97449 [2023] NSWCATAP 252 Wilson v Chan and Naylor Parramatta Pty Ltd [2020] NSWCA 213; (2020) 103 NSWLR 140 Wood v Balfour [2011] NSWCA 382 Texts Cited: Nil Category: Procedural rulings Parties: Howard Keith Parry-Husbands (First Applicant) Sharyn Ann Parry-Husbands (Second Applicant) Danielle Phillipa Geraldine Roffe (First Respondent) Yair Nassi (Second Respondent) Representation: Counsel: