Ultimo Developments Pty Ltd v Wilson [2025] NSWCATAP 40

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ultimo Developments Pty Ltd v Wilson [2025] NSWCATAP 40 Hearing dates: 4 November 2025 Date of orders: 20 February 2025 Decision date: 20 February 2025 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member P H Molony, Senior Member Decision: (1) The appeal is dismissed. (2) The preliminary view of the Appeal Panel is that the appellant should pay the respondent's costs of the appeal as agreed or as assessed. (3) Either party contending for some other order should file and serve submissions (and, if necessary, supporting evidence) on costs within 14 days of the publication of these reasons. (4) The other party may respond within a further 14 days. (5) In their submissions the parties are to address whether the costs of the appeal may be determined without a hearing in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013. Catchwords: BULIDING AND CONSTRUCTION – appeals on a question of law – whether the Tribunal erred in law in finding that the floorboards were installed without due care and skill by proceeding as if the content of the obligation of due care and skill was determined by the content of an installation guide for the floorboards - whether Tribunal erred in finding that builder's expert made a concession at the Tribunal hearing Legislation Cited: Home Building Act 1989 (NSW), ss 18, 18B ,18F Civil and Administrative Tribunal Act 2013 (NSW) ss 50, 80; cl 12 of Sch 4 Cases Cited: Abdallah v Paco Nominees Pty Ltd [2024] NSWCATAP 259 Collins v Urban [2014] NSWCATAP 17 Glen MacFadyen and Heidi MacFadyen v George Tadrosse [2014] NSWCATCD 194 Kosta v HLA Insurance Services Pty Ltd (2010) 251 CLR 390 Let's Go Adventures Pty Ltd v Barrett [2017] NSWCA 243 Liu v Zaccaria trading as Precision Automotive Engineers [2017] NSWCATCD 59 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Rogers v Whitaker (1992) 175 CLR 479 Unique Commercial Group Pty Ltd v Cusumano [2024] NSWCATAP 204 Texts Cited: None Category: Principal judgment Parties: Ultimo Developments Pty Ltd, Applicant Françoise Wilson, First Respondent Matthew Noyce, Second Respondent Representation: Counsel: