Steele & Associates Pty Ltd v Heath [2015] NSWCATAP 239

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Steele & Associates Pty Ltd v Heath [2015] NSWCATAP 239 Hearing dates: 9 September 2105 Date of orders: 10 November 2015 Decision date: 10 November 2015 Jurisdiction: Appeal Panel Before: A Coleman SC, Senior Member P Boyce, Senior Member Decision: 1. Appeal dismissed 2. There be no order as to costs of the appeal. 3. The limited stay granted by order 4 made on 7 May 2015 is lifted with the intent that there is no stay of the Tribunals original orders. Catchwords: CONTRACT- whether repudiation or non-performance of contractual obligations precludes claim under warranties implied by Home Building Act. PROCEDURE- procedural fairness- right to cross-examine – whether party denied procedural fairness. HOME BUILDING ACT – implied warranties. Legislation Cited: Home Building Act 1989 (NSW) Civil and Administrative Tribunal Act 2013 Cases Cited: Bellgrove v Eldridge [1954] HCA 36; (1954) 90 CLR 613 Britannia v Parkline Constructions Pty Ltd [2009] NSWSC 1302 Collins v Urban [2014] NSWCATAP 17 Gallo v Duflou [2014] NSWCATAP 115 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Keith v Gal [2013] NSWCA 339 The Owners Strata Plan No 76674 v Di Blasio Constructions Pty Ltd [2014] NSWSC 1067 Category: Principal judgment Parties: Steele Associates Pty Ltd (Appellant) Timothy Heath (Respondent) Representation: Counsel: Ms Clarke (Appellant) Mr De Buse (Respondent)