Li v Ward Building Construction Pty Ltd [2016] NSWCATAP 33

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Li v Ward Building Construction Pty Ltd [2016] NSWCATAP 33 Hearing dates: 17 November 2015 Date of orders: 09 February 2016 Decision date: 09 February 2016 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President M W Anderson, Senior Member Decision: (1) Leave to appeal is granted. (2) Appeal upheld. (3) The order made in proceedings HB 14/49405 is set aside. (4) The respondent is to pay the appellant the sum of $3,530 immediately. Catchwords: ADMINISTRATIVE LAW- Civil and Administrative Tribunal (NSW)- whether appeal as of right established- whether leave to appeal under section 80(2)(b) Civil and Administrative Tribunal Act 2013 (NSW) required- whether leave pursuant to clause 12 of Schedule 4 of the Civil and Administrative Tribunal Act 2013 (NSW) ought be granted - interpretation of standard form contract issued by the Master Builders Association NSW for Residential Small Renovations & Additions - whether contract incorporates references in the BASIX certificate – where the respondent did what it quoted for and built in accordance with the drawings and the quote - there has been an error and the Tribunal was clearly mistaken in the calculation of the refund in relation to the shower screens - leave to appeal established. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 (NSW) Home Building Regulation 2004 (repealed) Home Building Regulations 2014 Interpretation Act 1987 (NSW) Cases Cited: ADCO Constructions Pty Ltd v Goudappel [2014] HCA 18 Building Insurers' Guarantee Corporation v The Owners - Strata Plan 60848 [2012] NSWCA 375 Collins v Urban [2014] NSWCATAP 17 Commissioner of Fair Trading, Office of Finance and Services, NSW Fair Trading v Kassem [2015] NSWCATAP 173 Morgan Equipment Co v UMW Corporation Sdn Bh D [2002] NSWCA 193 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Re Phoenix Bessemer Steel Co (1875) 44 LJ Ch 683 Roads and Traffic Authority of New South Wales v Barrie Toepfer Earthmoving and Land Management Pty Ltd (No 7) [2014] NSWSC 1188 Category: Principal judgment Parties: Appellant: Bo Li Respondent: Ward Building Construction Pty Ltd Representation: Bo Li (Appellant in person) Ding Yong Hua (a Director of the Respondent) File Number(s): AP 15/50297 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2015] NSWCAT Date of Decision: 10 August 2015 Before: S De Jersey, General Member File Number(s): HB 14/49405