Sola v Yallah Project Homes Pty Ltd [2016] NSWCATAP 96

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sola v Yallah Project Homes Pty Ltd [2016] NSWCATAP 96 Hearing dates: 14 September 2015, 1 April 2016 Date of orders: 02 May 2016 Decision date: 02 May 2016 Jurisdiction: Appeal Panel Before: Dr J Renwick SC, Senior Member D Goldstein, Senior Member Decision: (1) Appeal allowed. (2) Set aside the "declaration" and orders made on 28 April 2015. (3) The whole of the matter to be reconsidered in accordance with these reasons by a differently constituted Tribunal, with such further evidence as the Tribunal may allow. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL – Appeal Panel – Home Building Act claim – Tribunal dismissed claim against builder as being frivolous, vexatious, or otherwise misconceived or lacking in substance – errors of law by Tribunal – appeal allowed – matter remitted to be heard by differently constituted Tribunal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Home Building Amendment (Warranties and Insurance) Bill 2010 (NSW) Interpretation Act 1987 (NSW) Cases Cited: ACE Woollahra Pty Ltd v The Owners of Strata Plan 61424 & Anor [2010] NSWCA 101 Commissioner of Taxation v Consolidated Media Holdings Ltd [2012] HCA 55 Independent Commission Against Corruption v Cunneen [2015] HCA 14 Norrie v NSW Registrar of Births, Deaths and Marriages [2013] NSWCA 145 Owners Corporation Strata Plan 73019 v Brodyn Pty Ltd, Titanium Group Pty Ltd, Auscore Constructions Pty Ltd [2015] NSWCATCD 43 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28 Qantas Airways Ltd v Chief Commissioner of State Revenue [2008] NSWSC 1049 Texts Cited: None Cited Category: Principal judgment Parties: Mirko Sola and Carissa Bouzat (Applicants) Yallah Project Homes Pty Ltd (Respondent) Representation: B Ilkovski, of counsel (Applicants) M Fantin, of counsel (Respondent) File Number(s): AP 15/34296 Decision under appeal Court or tribunal: Civil and Administrative Tribunal of NSW Jurisdiction: Consumer and Commercial Division Date of Decision: 28 April 2015 Before: M Cohen, Senior Member File Number(s): HB 14/13590