Emmery v Smith [2015] NSWCATAP 212

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Emmery v Smith [2015] NSWCATAP 212 Hearing dates: 11 August 2015 Date of orders: 30 September 2015 Decision date: 30 September 2015 Jurisdiction: Appeal Panel Before: P R Callaghan SC, Principal Member R Titterton, Senior Member Decision: 1 Extend time for lodging Notice of Appeal to 25 June 2014. 2 Application for leave to appeal dismissed. 3 Appeal dismissed. 4 No award of costs in respect of the appeal. Catchwords: Home building – deficiencies in licence and insurance – appeal – no question of law – application for leave to appeal – no miscarriage of justice – no error in relation to costs order – no award of costs in respect of appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Consumer Trader and Tenancy Tribunal Act 2001 (NSW) Home Building Act 1989 (NSW) Cases Cited: ABB Engineering Construction Pty Ltd v Abigroup Contractors Pty Ltd [2003] NSWSC 867 Collins v Urban [2014] NSWCATAP 17 Pholi v Wearne [2014] NSWCATAP 78 Texts Cited: Nil Category: Principal judgment Parties: John Emmery (Appellant) Lionel Smith (Respondent) Representation: Counsel: Dr R Dean (Respondent)

Solicitors: Adams Partners Lawyers (Appellant) Robb & Associates (Respondent) File Number(s): AP 14/46442 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2014] NSWCATCD 66 Date of Decision: J Lynch, Member Before: J Lynch, Member File Number(s): HB 10/487765