Howe v NSW Coastal Homes Pty Ltd [2016] NSWCATAP 127

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Howe v NSW Coastal Homes Pty Ltd [2016] NSWCATAP 127 Hearing dates: 4 March 2016, last written submissions received 21 March 2016 Date of orders: 16 June 2016 Decision date: 16 June 2016 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President M Anderson, Senior Member Decision: AP 15/65418, in addition to the orders already made: 1. That leave to appeal be granted. 2. That the appeal be dismissed. AP 15/66881, in addition to the orders already made: 1. That leave to appeal be granted. 2. That the order for payment of $41,700 by NSW Coastal Homes Pty Ltd to AJ Howe and JM Howe be confirmed. 3. That NSW Coastal Homes Pty Ltd pay to AJ Howe and JM Howe the additional sum of $11,794.11 within 28 days of the date of this decision. 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- leave to appeal granted- appeal by builder dismissed- leave to appeal sought by homeowners – leave to appeal granted to homeowners and additional order made. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Home Building Amendment Act 2014 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Italiano v Carbone & Ors [2005] NSWCA 177 Jubian v Clark; Clark v Jubian [2016] NSWCATAP 56 Category: Principal judgment Parties: NSW Coastal Homes Pty Ltd (Appellants/Cross Respondents) AJ Howe and JM Howe (Respondent/Cross Appellant) Representation: Counsel: J Mack (Appellants/Cross Respondents)