Galdona v Peacock [2017] NSWCATAP 64

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Galdona v Peacock [2017] NSWCATAP 64 Hearing dates: 28 June 2016 Date of orders: 24 March 2017 Decision date: 24 March 2017 Jurisdiction: Appeal Panel Before: J Harris SC Senior Member D Goldstein Senior Member Decision: Leave to appeal is refused

The Tribunal decision given on 15 March 2016 is confirmed

The order made on 28 April 2016 staying the orders made by the Tribunal at first instance on 15 March 2016 is discharged Catchwords: Adequacy of reasons, work orders under the Home Building Act, rectification as the preferred outcome under s.48MA of the Home Building Act 1989, failure to take into account relevant considerations Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Home Building Amendment Bill 2014 Cases Cited: Collins v Urban [2014] NSWCATAP 17 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Minister for Aboriginal Affairs v Peko-Wallsend Ltd 162 CLR 24 Texts Cited: None cited Category: Principal judgment Parties: Appellants: Jose Galdona and Maria Galdona Respondent: Geoffrey Brian Peacock Representation: The parties were self-represented File Number(s): AP 16/18109 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and commercial Citation: [2016] NSWCATCD Date of Decision: 15 March 2016 Before: M Gilson General Member File Number(s): HB 15/38474