Shaw v 3D Design and Build Pty Ltd [2015] NSWCATAP 117

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shaw v 3D Design and Build Pty Ltd [2015] NSWCATAP 117 Hearing dates: On the papers Date of orders: 23 June 2015 Decision date: 23 June 2015 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President R Titterton, Senior Member Decision: 1. Leave is refused for the appellants to appeal on grounds other than questions of law.

2. The appeal is dismissed. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL dispute under Home Building Act 1989 (NSW) – error of law – asking the wrong question – error of law identified – new hearing on facts found by Tribunal below – same decision - appeal dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Home Building Act 1989 (NSW) Cases Cited: Craig v State of South Australia (1995) 184 CLR 163 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Texts Cited: Dr Damien Cremean and others, Brooking on Building Contracts (5th ed, Lexis Nexis Butterworths Australia) Philip Bambagiotti, Building Disputes and the Home Building Act 1989 (NSW), (2012, Law Book Co) Category: Principal judgment Parties: Leonie Shaw and Rodney Curry (Appellants) 3D Design and Build Pty Ltd (Respondent) Representation: Solicitors:

Macquarie Legal Centre (Appellants) CA Williams Legal (Respondent) File Number(s): AP 14/47303 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 3 September 2014 Before: C Paull, Senior Member File Number(s): HB 14/10675