David James Cleary v Broderick Pavier & Susan Bronwyn Pavier [2015] NSWCATAP 104

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: David James Cleary v Broderick Pavier & Susan Bronwyn Pavier [2015] NSWCATAP 104 Hearing dates: 15 May 2015 Date of orders: 04 June 2015 Decision date: 04 June 2015 Jurisdiction: Appeal Panel Before: Dr J G Renwick SC, Senior Member T Simon, Senior Member Decision: 1. Appeals dismissed. 2. Within 7 days of this decision, the respondent is to file and serve any application for costs of the appeals; such application is not to exceed 3 pages in length. 3. Within a further 7 days, the appellant to file and serve any submissions in response; such response is not to exceed 3 pages in length. Catchwords: Civil and Administrative Tribunal – Appeal Panel – Home Building – no questions of law – appeal dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Consumer, Trader and Tenancy Tribunal Act (NSW) Home Building Act 1989 (NSW) Cases Cited: B. P. Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 52 ALJR 20 Clements v Independent Indigenous Advisory Committee [2003] FCAFC 143 Commissioner of the Australian Capital Territory Commonwealth Bank of Australia v Barker [2014] HCA 32 Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Fitzallen v Rosebery-Toorak Football Club [2003] TASSC 112 Francis v Lyon (1907) 4 CLR 1023 House v The King (1936) 55 CLR 499 John Prendergast & Vanessa Prendergast v Western Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Moore v Garwood [1849] EngR 1122 Murray Irrigation Ltd [2014] NSWCATAP 69 Pioneer Shipping Ltd v BTP Tioxide Ltd [1982] AC 724 Re Minister for Immigration and Multicultural and Indigenous Affairs (2003) 216 CLR 212 Italiano v Carbone [2005] NSWCA 177 White Constructions (NT) Pty Ltd v Ronald Mutton & Flavious Pty Ltd [1988] NTSC 53 Texts Cited: Aronson, Dyer and Groves, Judicial Review of Administrative Action, 4th Ed; (2009) Category: Principal judgment Parties: David James Cleary (Appellant) Broderick Pavier & Bronwyn Susan Pavier (Respondents) Representation: Mr P Batley, of counsel for the Applicant Mr M Klooster, of counsel, instructed by Mr Snelgrove for the Respondents File Number(s): AP 15/00590AP 15/00593 Publication restriction: None Decision under appeal Court or tribunal: New South Wales Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 3 December 2014 Before: D Goldstein, Senior Member File Number(s): HB 12/34727 HB 12/23324