Robert Symes and Kim Louise Filmer v Mick Fabar Constructions Pty Ltd [2015] NSWCATCD 77

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Robert Symes and Kim Louise Filmer v Mick Fabar Constructions Pty Ltd [2015] NSWCATCD 77 Hearing dates: 22 May 2015 (on the papers) Decision date: 30 June 2015 Jurisdiction: Consumer and Commercial Division Before: G Meadows, Senior Member Decision: The renewal application includes:

1 whether it is appropriate to convert the work order (or any particular item within the work order) into a money order; 2 whether any of the works have been complied with; 3 whether any of the works not complied with are still necessary; 4 whether the applicants have prevented any of the works; 5 whether any of the works not completed are impossible or impractical to complete; 6 whether an opinion as to satisfactory completion of any of the items requires expert opinion of a particular type, such as general building, structural, hydraulic; 7 any other issues a party asserts may be relevant. Catchwords: Administrative Law—Home Building Claim—consent work orders—applicants allege incomplete—whether respondents estopped from calling fresh evidence to disagree with owners' experts' "reasonable satisfaction" Legislation Cited: Home Building Act 1989 Category: Procedural and other rulings Parties: Robert Symes and Kim Louise Filmer—applicants; Mick Fabar Constructions Pty Ltd—respondent Representation: Counsel: Michele Fraser for the applicant File Number(s): HB 14/06604 Publication restriction: Nil