Lee v Ace NSW Pty Ltd [2016] NSWCATAP 29

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lee v Ace NSW Pty Ltd [2016] NSWCATAP 29 Hearing dates: 31 August 2015 Date of orders: 08 February 2016 Decision date: 08 February 2016 Jurisdiction: Appeal Panel Before: Dr J Renwick SC, Senior Member T Simon, Senior Member Decision: The Appeal is dismissed. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL – Home Building Act 1989 s 18B –a head contractor did get the benefit of warranties under former s 18B(f) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Interpretation Act 1987 (NSW) Home Building Act 1989 (NSW) Home Building Amendment Act 2014 (NSW) Cases Cited: AlphaPharm Pty Ltd v H Lunderbeck A/S [2014] HCA 42 Federal Commissioner of Taxation v Consolidated Media Holdings Ltd [2012] HCA 55 Independent Commission Against Corruption v Cunneen [2015] HCA 14 May v Military Rehabilitation and Compensation Commission [2015] FCAFC 93 Norrie v NSW Registrar of Births, Deaths and Marriages [2013] NSWCA 145 NSW Registrar of Births, Deaths and Marriages v Norrie [2014] HCA 11 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28 Texts Cited: None Category: Principal judgment Parties: Dong Soo Lee and Badasori Enterprises Pty Ltd (Appellant) Ace NSW Pty Ltd (Respondent) Representation: Mr P Snelgrove, of Snelgrove Solicitors (Appellant) The respondent did not appear File Number(s): AP 15/33948 Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Date of Decision: 30 April 2015 Before: P Boyce, Senior Member File Number(s): HB 14/34012