MSP Consulting and Building Constructions Pty Ltd v Karkoulas [2016] NSWCATAP 69

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MSP Consulting and Building Constructions Pty Ltd v Karkoulas [2016] NSWCATAP 69 Hearing dates: 28 January 2016 Date of orders: 17 March 2016 Decision date: 17 March 2016 Jurisdiction: Appeal Panel Before: J Redfern, Principal Member M Anderson, Senior Member Decision: 1. Leave to appeal is refused. 2. Appeal dismissed. Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) – home building claim – conditional stay of decision granted – stay lapsed due to failure to comply with condition – whether appeal as of right established – ground of appeal on apprehension of bias not 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) should be granted – leave to appeal refused – appeal dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 4, 32, 80(2)(b), 81; cl 12, sch 4 Home Building Act 1989 (NSW), s 18BA, subss 18B(a) and 18B(c); ss 48A, 48I, and 48K Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Regulations 2014 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Johnson v Johnson (2000) 201 CLR 488 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Appellant: MSP Consulting and Building Construction Pty Ltd