Sorbello & Donnelly v Whan [2007] NSWSC 951

New South Wales Supreme Court

CITATION : Sorbello & Donnelly v Whan [2007] NSWSC 951

HEARING DATE(S) : 14 June 2007

JUDGMENT DATE : 29 August 2007

JUDGMENT OF : Price J at 1

DECISION : Decisions on the questions the subject of each of the appeals remitted to the Consumer, Trader and Tenancy Tribunal and re-hearings ordered. In each of the appeals, the first defendant and third defendant are to pay the costs of the plaintiffs.

CATCHWORDS : Appeal from Consumer, Trader and Tenancy Tribunal Act s 67 - question with respect to matter of law - definition of owner-builder - s 3 Home Building Act 1989 - primary facts did not necessarily lead to conclusion that an application for an owner-builder permit must have been rejected - no requirement of eligibility for an owner-builder permit to be an owner-builder - Tribunal has jurisdiction to make orders sought - procedural fairness not denied - limits on matters to be dealt with on appeal pursuant to s 67 - consideration of powers under subs. 67(3)(a) when matters of law and fact remain undetermined by Tribunal.

Consumer Trader and Tenancy Tribunal Act 2001 s 21, s 65, s 67, s 67(3), s 67(3)(a) LEGISLATION CITED : Home Building Act 1989 s 3, s 12, s 18C, s 29, s 29(1), s 29(1)(a), s 31, s 31(3), s 48K, s 90,

Azzopardi v Tasman UEB Industries Ltd (1985) NSWLR 139 CASES CITED : Gunn & Anor v Steain & Ors [2003] NSWSC 1076 Kalokerinos & Anor v HIA Insurance Services P/L & Anor [2004] NSWCA 312 Smith v Collings Homes Pty Ltd [2004] NSWCA 75

PARTIES : Michael Sorbello & Another v Elizabeth Whan & 2 Ors Troy Donnelly & Another v Elizabeth Whan & 2 Ors