Craig Anthony Bennett v Brendan Lavery atf Access Family Trust [2014] NSWCATAP 118

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Craig Anthony Bennett v Brendan Lavery atf Access Family Trust [2014] NSWCATAP 118 Hearing dates: 19 November 2014 Decision date: 23 December 2014 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President S Thode, Senior Member Decision: 1 Appeal AP 14/46474 is dismissed. 2 Appeal AP 14/50660 is dismissed. 3 The order made on 9 July 2014 is amended and shall now read as follows "Brendan Lavery is to pay to Craig Bennett as Trustee for Access Family Trust the sum of $35,256.70". 4 The stay ordered on matter HB 13/06269 on 18 August 2014 is lifted. Catchwords: Application to appear by telephone, extension of time Legislation Cited: Home Building Act 1989, Civil and Administrative Tribunal Act 2013 Cases Cited: Di Salvo v Leung [2014] NSWCATAP 44; Category: Principal judgment Parties: Craig Anthony Bennett v Brendan Lavery (appellant) Brendan Lavery atf Access Family Trust (respondent) Representation: Counsel V Gray (Appellant) G George (Respondent) Reimer Winter Williamson (Respondent) File Number(s): AP 14/46474 and 14/50660 Decision under appeal Jurisdiction: 150003 Date of Decision: 2014-07-09 00:00:00 Before: J. Bordon Senior Member File Number(s): HB 13/06269

reasons for decision 1This decision concerns two appeals from a decision made in the Consumer and Commercial Division of the Tribunal relating to a home building dispute. The applicant below was the home owner and the respondent was the builder. 2In the decision below the Tribunal made orders for the builder to pay a sum of money to the home owner. The builder has appealed that decision and the orders. We will refer to that appeal as the builder's appeal. 3In addition, in the decision below a number of claims brought by the home owner were unsuccessful and the home owner has filed a Notice of Appeal in respect of those aspects of the decision below. We will refer to that appeal as the homeowner's appeal.