Oppidan Homes Pty Ltd v Baldwin and Granofsky [2016] NSWCATAP 109

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Oppidan Homes Pty Ltd v Baldwin and Granofsky [2016] NSWCATAP 109 Hearing dates: 14 March 2016 Date of orders: 18 May 2016 Decision date: 18 May 2016 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President D Robertson, Senior Member Decision: 1. Leave to appeal is granted in part. 2. Appeal upheld in part. 3. The order for payment of the sum of $24,723.00 is set aside. 4. The proceedings are remitted to the Tribunal constituted as previously for: (a) Determination of the Respondent's liability to the Appellant in respect of the eight items identified in paragraph 11 of the reasons; (b) Correction of the calculation of the amount owing by the Respondents to the Appellant for electrical work; (c) The making of orders for the payment of the amount found to be due by the Respondents to the Appellant. 5. No order as to costs. Catchwords: Home Building – Error of law - determination that claims not supported by evidence – Tribunal Member failing to take evidence into account Issue not raised or argued below – whether issue can be raised on appeal Respondent's challenge to factual findings – whether permissible in absence of error of law Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: Collins v Urban [2014] NSWCATAP 17 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 Drivas v Burrows [2014] NSWCATAP 87 Nelmeer Ashfield v Farah [2015] NSWCATAP 252 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 203 Castlereagh Street v Skybloo Holdings (No.3) [2015] NSWCATAP 240 Mamo v Surace (2014) 86 NSWLR 275 Owners Strata Plan 76674 v Di Blasio Constructions [2014] NSWSC 1067 Owners Strata Plan 73162 v Dyldam Developments [2014] NSWSC 1789 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Wilson v Commissioner of Police [2015] NSWCATAP 248 Texts Cited: Nil Category: Principal judgment Parties: Oppidan Homes Pty Ltd (Appellant) Mark Baldwin and Margery Granofsky (Respondents) Representation: Counsel: R Zikmann (Appellant R Notley (Respondent)