Li v MACD Developments Pty Ltd [2015] NSWCATAP 287

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Li v MACD Developments Pty Ltd [2015] NSWCATAP 287 Hearing dates: 26 June 2015 Date of orders: 31 December 2015 Decision date: 31 December 2015 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Titterton, Senior Member Decision: 1 Leave to appeal is refused. 2 The appeal is otherwise dismissed. 3 Any application for costs is to be filed and served within 14 days from the date of these orders. Any application is to include written submissions and any other material to be relied upon in support of the application. 4 The party against whom any application for costs is made must file and serve any submissions and material in reply within 21 days from the date of these orders. 5 The applicant for costs is to file any submissions in reply within 28 days from the date of these orders. 6 The submissions by the parties are also to address the question of whether or not any application for costs should be dealt with on the papers and whether the Tribunal should make an order to allow this to occur. Catchwords: Leave to appeal - decision against the weight of evidence Liability of builder for defective design of homeowner's architect Construction of specification for work Legislation Cited: Civil and Administrative Tribunal Act 2013 Consumer, Trader and Tenancy Act 2001 Civil and Administrative Legislation (Repeal and Amendment) Act 2013 Home Building Act 1989 Cases Cited: Codelfa Constructions Pty Ltd v State Rail Authority of NSW [1982] HCA 24 Collins v Urban [2014] NSWCATAP 17 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390 Texts Cited: Nil Category: Principal judgment Parties: Zhenhui Li (appellant) Xiu Xia Tan (appellant)