Deutsch Services Pty Ltd v Apex Bespoke Pty Ltd [2024] NSWCATAP 193

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Deutsch Services Pty Ltd v Apex Bespoke Pty Ltd [2024] NSWCATAP 193 Hearing dates: On the papers Date of orders: 03 October 2024 Decision date: 03 October 2024 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member S Higgins, Senior Member Decision: (1) Leave to appeal is refused. (2) The issue of costs of the appeal is to be determined as follows: (a) Apex Bespoke Pty Ltd to file with the Appeal Panel and serve on Deutsch Services Pty Ltd any costs submissions within 14 days from the date of this decision. (b) Deutsch Services Pty Ltd to file with the Appeal Panel and serve on the Apex Bespoke Pty Ltd any costs submissions within 28 days from the date of this decision. (c) Apex Bespoke Pty Ltd to file with the Appeal Panel and serve on Deutsch Services Pty Ltd costs submissions in reply by 35 days from the date of this decision. (d) The costs submissions of the parties are to identify whether an oral hearing on costs is sought, and if so, why. (e) Subject to consideration of the costs submissions of the parties the Appeal Panel may determine the issue of costs on the papers and without a further oral hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: APPEALS – Leave to appeal - Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 Collins v Urban [2014] NSWCATAP 17 Forsyth v Gibbs [2009] 1 Qd R 403; [2008] QCA 103 FTB v Children's Guardian [2024] NSWCATAP 174 Hawach v A & A Building Services Pty Ltd [2024] NSWCATAP 138 Manca v Tullipan Homes Pty Ltd [2023] NSWCATAP 329 Promina Design & Construction Pty Ltd v The Owners-Strata Plan No 97449 [2023] NSWCATAP 252 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: NCAT Consumer and Commercial Division Guideline - Home Building Applications NCAT Procedural Direction 5 - Acceptance of Home Building Claims Category: Principal judgment Parties: Deutsch Services Pty Ltd (Appellant) Apex Bespoke Pty Ltd (Respondent) Representation: Counsel: J Pokoney (Appellant)