Access Housing Pty Ltd ACN 065902936 v Rayfield [2017] NSWCATAP 4

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Access Housing Pty Ltd ACN 065902936 v Rayfield [2017] NSWCATAP 4 Hearing dates: 12 September 2016 Date of orders: 06 January 2017 Decision date: 06 January 2017 Jurisdiction: Appeal Panel Before: Dr J Renwick SC, Senior Member Mr D Fairlie, Senior Member Decision: 1. Appeal dismissed. 2. The Appellant is to pay the Respondents' costs as taxed or agreed. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL – Appeal Panel – home building – consumer claim – breach of statutory warranty – defective work – compensation based on demolition of building works – denial of procedural fairness – misapplication of Belgrove v Eldridge – refusing to receive evidence of director of the appellant as expert evidence – no error of law Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Bellgrove v Eldridge (1954) 90 CLR 613 Texts Cited: None Category: Principal judgment Parties: Access Housing Pty Ltd (Appellant) Christopher Rayfield and Becky Rayfield (Respondents) Representation: D Moujalli, instructed by Adams & Partners (Appellant) W Calokerinos, instructed by Marsdens (Respondents) File Number(s): AP 16/26968 Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Before: P Boyce, Senior Member File Number(s): HB 14/49387