Integrity Homes Pty Ltd v Staniland [2015] NSWCATAP 284

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Integrity Homes Pty Ltd v Staniland [2015] NSWCATAP 284 Hearing dates: 23 October 2015; Costs submissions by 4 December 2015 Date of orders: 17 December 2015 Decision date: 24 December 2015 Jurisdiction: Appeal Panel Before: Hon G Mullane ADCJ – Principal Member D Goldstein – Senior Member Decision: 1. Leave to appeal against the interlocutory decision of 3 August 2015 is refused; 2. The appeal filed 27 August 2015 is dismissed; 3. The application to renew proceedings filed 24 September 2013 is to be listed by the Registrar of the Consumer and Commercial Division for directions; 4. The Appellant must by 27 November 2015 file and serve any submission opposing the costs application of the respondents; 5. Within 7 days of service of those submissions the Respondent must file and serve any submissions in reply; 6. The Appellant must pay the costs of the Respondents of or incidental to the appeal, as agreed or as assessed, with the costs after 19 October 2015 to be on an indemnity basis. Catchwords: Appeal against interlocutory decision – application for leave to appeal out of time - appeal grounds without merit. - Costs Legislation Cited: Civil and Administrative Tribunal Act 2013; Home Building Act 1999; Consumer Claims Act 1998; Consumer, Trader and Tenancy Act 2001; Cases Cited: Vero Insurance Ltd v Buckle; Reynell v Buckle [2008] NSWSC 73; Brewarrina Shire Council v Beckhaus Civil Pty Ltd [2005] NSWCA 248 Texts Cited: Nil Category: Principal judgment Parties: Appellant: Integrity Homes Pty Ltd Respondent: Robert Neil Staniland and Kristine Ellen Staniland Representation: Counsel: for the respondent: Mr F P Hicks, …. Blackstone Chambers