Preece Build Pty Ltd v Woodbury [2023] NSWCATCD 181

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Preece Build Pty Ltd v Woodbury [2023] NSWCATCD 181 Hearing dates: On the papers Date of orders: 08 November 2023 Decision date: 08 November 2023 Jurisdiction: Consumer and Commercial Division Before: R C Titterton OAM, Senior Member Decision: 1. The time in which to file the set aside application is not extended to 29 September 2023, and the respondent's application to set aside the Tribunal decision of 21 September 2023 is otherwise dismissed. 2. The order made on 21 September 2023 in matter HB 23/22370 remains in full force and effect. Catchwords: PRACTICE AND PROCEDURE – application to set aside decision pursuant to cl 9 of the Civil and Administrative Tribunal Regulation 2022 Legislation Cited: Civil and Administrative Tribunal Regulation 2022 (NSW), cl 9 Corporations Act 2001 (Cth), s 109X(1)(a) Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Category: Principal judgment Parties: Preece Build Pty Ltd, Applicant Tracey Woodbury, First Respondent Michael Woodbury, Second Respondent Representation: Solicitors:

Applicant, Marque Lawyers Respondents, self-represented File Number(s): HB 23/44268

REASONS FOR DECISION 1. In these reasons I will refer to the applicant Preece Build Pty Ltd as the Builder and to the respondents Mr and Mrs Woodbury as the Homeowners.

Summary 1. On 21 September 2023, in proceedings HB 23/22370 the Tribunal ordered the Builder to pay the Homeowners $39,001.00 on or before 4 pm on 19 October 2023. 2. On 29 September 2023, the Builder sought to set aside that order pursuant to cl 9 of the Civil and Administrative Tribunal Regulation 2022 (NSW) (NCAT Regulation) (the Set Aside Application). 3. That application is opposed by the Homeowners. 4. For the following reasons, I dismiss the Set Aside Application.