3D Design & Build Pty Ltd v Lynch [2016] NSWCATAP 229

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: 3D Design & Build Pty Ltd v Lynch [2016] NSWCATAP 229 Hearing dates: 9 September 2016 Date of orders: 19 October 2016 Decision date: 19 October 2016 Jurisdiction: Appeal Panel Before: L Robberds QC, Senior Member D A C Robertson, Senior Member Decision: (1) Appeal dismissed (2) Application for Leave to Appeal refused Catchwords: APPEAL – Leave to Appeal – whether evidence not reasonably available at time of hearing CONTRACTS – Home Building Act – delay in compliance with work orders – renewal of application – whether work performed with due skill and care – appropriate orders on renewed application Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Schedule 4 clause 8 Home Building Act 1989 (NSW) Cases Cited: Akratos v Papadopoulos [2016] NSWCATAP 139 Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Maiolo v Chiarelli [2016] NSWCATAP 81 Prendergast v Western Murray Irrigation [2014] NSWCATAP 69 Category: Principal judgment Parties: 3D Design & Build Pty Ltd (Appellant) Shane Lynch and Nicole Lynch (Respondents) Representation: S Pohl (Director) (Appellant) Shane Lynch and Nicole Lynch (Respondents in person) File Number(s): AP 16/32414 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 16 June 2016 Before: N Vrabac, Senior Member File Number(s): HB 15/65258