Owners - SP 76269 v Draybi Bros Pty Ltd [2014] NSWCATAP 29

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Owners - SP 76269 v Draybi Bros Pty Ltd [2014] NSWCATAP 29 Hearing dates: 20 May 2014 Decision date: 26 June 2014 Jurisdiction: Appeal Panel Before: Wright J, President S Westgarth, Deputy President M Bolt, General Member Decision: 1. The application for leave to appeal is dismissed. 2. To the extent necessary, the appeal is dismissed. 3. The appellant is to pay the respondent's costs of the application for leave to appeal. 4. The parties have liberty, if they wish to do so, to apply within 14 days of the date of these orders to have the costs order reconsidered by the Presiding Member of the Panel. Catchwords: ADMINISTRATIVE LAW - Civil and Administrative Tribunal (NSW) - appeal - application for leave to appeal - no significant miscarriage of justice - no significant new evidence identified - application denied Legislation Cited: Civil and Administrative Tribunal Act 2013 NSW (the Act) Government Information (Public Access) Act 2009 (NSW) Home Building Act 1989 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Jones v Dunkel (1958) 101 CLR 298 Texts Cited: John Henry Wigmore, Evidence, (3rd ed 1940) Category: Principal judgment Parties: Owners - SP 76269 (appellant) Draybi Bros Pty Ltd (respondent) Representation: Bannermans Lawyers (Appellant) Doyles Construction Lawyers (Respondent) File Number(s): AP 14/0008 Decision under appeal Citation: n/a Date of Decision: 2014-01-30 00:00:00 Before: M Harrowell, Principal Member File Number(s): HB 12/57430