NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Emrit Services Pty Limited v Lidden [2024] NSWCATAP 189 Hearing dates: 16 August 2024 Date of orders: 03 October 2024 Decision date: 03 October 2024 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member S de Jersey, Senior Member Decision: (1) The appeal is allowed. (2) Order 2 dated 14 May 2024 in proceedings 2023/00442223 is set aside and the proceedings are dismissed. (3) Make no order as to costs. Catchwords: APPEALS —statutory warranties under Home Building Act 1989 (NSW) - definition of "major defect" and "major element" – lack of jurisdiction - error on a question of law Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: Alcan (NT) Aluminium Pty Limited v Commissioner of Territory Revenue (NT) (2009) 239 CLR 27 Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Cody v JH Nelson Pty Limited (1947) 74 CLR 629, 647 Collins v Urban [2014] NCWATAP 17 Els v Commissioner of Police [2023] NSWSC 347 King v Jones [1972] HCA 44, 128 CLR 221 Paul v Cooke [2013] NSWCA 311 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 a S&G Homes Pty Ltd t/as Pavilion Homes v Owen [2015] NSWCATAP 190 SZTAL v Minister for Immigration and Border Protection (2017) HCA 34 Texts Cited: Nil Category: Principal judgment Parties: Emrit Services Pty Limited (First Appellant) Tony Khamis (Second Appellant) Christina Lidden (Respondent) Representation: Counsel: A Rizk (Appellants) Solicitors: Bannermans Lawyers (Appellants) Self-represented (Respondent) File Number(s): 2024/00211629 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 14 May 2024 Before: S McDonald, Senior Member File Number(s): 2023/00442223
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