Robert Hinkley v Ray Redgrave, RCR Management Pty Ltd [2014] NSWCATCD 133

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Robert Hinkley v Ray Redgrave, RCR Management Pty Ltd [2014] NSWCATCD 133 Decision date: 13 February 2014 Before: N Correy, Senior Member Decision: That the Registrar list the matter for directions not before 19 February 2014. Legislation Cited: Home Building Act 1989 (the Act) Civil Liability Act 2002 (CLA) Cases Cited: Italiano v Carbone and Others [2005] NSWCA 177 Nielsen v Building Masters Aust [2012] NSWCTTT 185 Bailey v Ciamarella [2013] NSWCTTT 39 Hoffman v Wilson Betamix Concrete and Rickaby [2011] NSWCTTT 427 Texts Cited: Building Disputes and the Home Building Act 1989 (NSW) . Text Author - Phillip Bambagiotti Category: Principal judgment Parties: Robert Hinkley (Applicant) Ray Redgrave (Respondent) RCR Management Pty Ltd (Respondent) File Number(s): HB 11/38740

reasons for decision

PRELIMINARY QUESTIONS FOR DETERMINATION Four preliminary questions have been drafted by agreement between the parties and submitted to the Tribunal for its determination. The questions are as follows: (i)Whether Raymond Donald Redgrave (the first respondent) ("Redgrave") should be a party to these proceedings. (ii)Answer: It is not appropriate for this question to be answered before trial. (iii)Whether the Tribunal has jurisdiction to hear the applicant's claim against RCR Management Pty Ltd (the second respondent) ("RCRM"). (iv)Answer: Yes (v)Whether a contract existed and if so, who were the parties to that contract and what were its terms. (vi)Answer: It is not appropriate for this question to be answered before trial. (vii)Whether the Tribunal has jurisdiction to deal with pleadings derived from the Civil Liability Act 2002, specifically, pleadings in relation to apportionment. (viii)Answer: Yes