Kurmond Homes Pty Ltd v Zaknic [2015] NSWCATAP 231

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kurmond Homes Pty Ltd v Zaknic [2015] NSWCATAP 231 Hearing dates: 1 April 2015 Date of orders: 22 October 2015 Decision date: 22 October 2015 Jurisdiction: Appeal Panel Before: D Patten, Principal Member T Simon, Senior Member Decision: (1) Leave granted for the Appellant to be legally represented. (2) The application by the owner for an extension of time in which to appeal is granted. (3) The appeals are allowed in part. (4) In lieu of the order made below order that the builder pay to the owner the sum of $2616.91 within 28 days (5) The appeals are otherwise dismissed. Catchwords: Procedural fairness, practical completion, decision not fair and equitable, extension of time, against the weight of evidence, residential home building Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Hadley v Baxendale (1854) 89 Ex 341 Category: Principal judgment Parties: Kurmond Homes Pty Ltd (appellant) Yakov Zaknic (respondent) Representation: Counsel: Mr G George (Appellant) Respondent in person File Number(s): AP 14/61229AP 15/02104 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 28 November 2014 Before: G Meadows. Senior Member File Number(s): HB 13/66990