S & G Homes Pty Ltd t/as Pavilion Homes v Owen (No.2) [2016] NSWCATAP 218

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: S & G Homes Pty Ltd t/as Pavilion Homes v Owen (No.2) [2016] NSWCATAP 218 Hearing dates: 21 June 2016 Date of orders: 23 September 2016 Decision date: 23 September 2016 Jurisdiction: Appeal Panel Before: P R Callaghan SC, Principal Member D A C Robertson, Senior Member Decision: 1. The appeal is dismissed. 2. The application for leave to appeal is dismissed. 3. The decision under appeal is affirmed. 4. The stay of the decision under appeal is removed. 5. Any application by the respondent for costs of this appeal is to be made by filing and serving on the appellant written submissions within 14 days after publication of this decision and the appellant is to file and serve on the respondent written submissions in reply within 14 days after service on the appellant of the respondent's submissions. Any such application will then be decided on the papers. Catchwords: APPEAL - APPLICATION FOR LEAVE TO APPEAL – Civil and Administrative Tribunal – remission of jurisdictional issue by Appeal Panel – interlocutory directions – case management - decision on the papers – fairness Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: Browne v Dunn (1893) 6 R 97 Collins v Urban [2014] NSWCATAP 17 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Marketing Pty Ltd (2013) 250 CLR 303 Ferella v Chief Commissioner of State Revenue [2014] NSWCATAP 378 House v R (1936) 55 CLR 499 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 S & G Homes Pty Ltd t/as Pavillion Homes v Owen [2015] NSWCATAP 190 Texts Cited: Forbes, Justice in Tribunals, 4th ed. Category: Principal judgment Parties: S & G Homes Pty Ltd t/as Pavilion Homes (Appellant) Shane Owen (Respondent) Representation: Counsel: J Raftery (Appellant) R de Meyrick (Respondent)