Jubian v Clark; Clark v Jubian [2016] NSWCATAP 56

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jubian v Clark; Clark v Jubian [2016] NSWCATAP 56 Hearing dates: 15 July 2015 Date of orders: 02 March 2016 Decision date: 02 March 2016 Before: S Higgins, Principal Member S Thode, Senior Member Decision: 1. The appeal and application for leave to appeal of Mr Jubian (file no AP 15/05271) are dismissed.

2. The application of Mr Clark and Ms Loneragan (file no AP 15/348663) to extend time within which to lodge their appeal and application for leave to appeal is refused.

3. The appeal and application for leave to appeal of Mr Clark and Ms Loneragan (file no AP 15/348663) is otherwise dismissed.

4. Orders of the Tribunal made on 30 January 2015 are confirmed.

5. In the event either party presses their application for costs of the appeal, an application and supporting submissions are to be filed within 14 days of the publication of this decision; any submissions in reply are to be filed within 14 days thereafter and, subject to the parties' submissions, the costs decision will be made on the papers pursuant to subs 50(2) of the Civil and Administrative Tribunal Act 2013. Catchwords: Administrative Law – appeal from the Consumer and Commercial Division of the Tribunal – home building dispute – appeal by builder on errors of law – no errors found.

Appeal by homeowner – appeal lodged out of time – application for extension of time refused – substantial delay and no prospects of success on grounds of appeal relied on Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Encroachment of Buildings Act 1922 Cases Cited: Bannister & Hunter v Transition Resort Holdings (No 3) [2013] NSWSC 1943 Collins v Urban [2014] NSWCATAP 17 Director General, Department of Finance & Services v Porter [2014] NSWCATAP 6 Habib v State of New South Wales (NSW Police Force) [2014] NSWCATAP 70 In the matter of Jo & Jo Developments Pty Ltd (Subject to a Deed of Company Arrangement) [2014] NSWSC 1444 Jackson v Land and Housing Corporation [2014] NSWCATAP 22 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Jones v Dunkel (1959) 101 CLR 289 Category: Principal judgment Parties: Tony Jubian (appellant in AP 15/05271) Scott Clark and Celia Loneragan (respondents in AP 15/05271) Scott Clark and Celia Loneragan (appellants in AP 15/34863) Tony Jubian (respondent in AP 15/34863) Representation: Counsel: J J Young for Jubian M J Gooley for Clark and Loneragan