3D Design & Build Pty Ltd v Kay [2017] NSWCATAP 110

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: 3D Design & Build Pty Ltd v Kay [2017] NSWCATAP 110 Hearing dates: 18 January 2017 Date of orders: 17 May 2017 Decision date: 17 May 2017 Jurisdiction: Appeal Panel Before: C Fougere, Principal Member S Thode, Senior Member Decision: 1. The appeal is dismissed. Catchwords: APPEAL – Home Building Act – renewal proceedings – findings in relation to rectification works – not against weight of evidence – no new evidence has arisen that was not reasonably available in the proceedings under appeal – leave to appeal refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Sch 4, Cls 8, 12, 12(1)(a), 12(1)(b), 12(1)(c), ss 4, 32(4), 41, 53, 80(2)(b), 81 Home Building Act 1989 (NSW), 48O(1)(a) Cases Cited: Building Professionals Board v Hans [2008] NSWADTAP 13 Collins V Urban [2014] NSWCATAP 17 Gallagher v R [1986] HCA 26; (1986) 160 CLR 392, 402, and 399 Kay v 3D Design & Build Pty Ltd [2016] NSWCATAP 68 Kay v 3D Design & Build Pty Ltd [2016] NSWCATCD 81 Knight v Oztrack Pty Ltd [2015] NSWCATAP 119 QP v RP [2014] NSWCATAP 59 ZCK v NSW Trustee and Guardian [2016] NSWCATAP 200 Category: Principal judgment Parties: 3D Design & Build Pty Ltd (Appellant) Amber Kay (Respondent) Representation: Counsel: Mr Pohl (Appellant) In Person (Respondent) File Number(s): AP 16/47758 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Kay v 3D Design & Build Pty Ltd [2016] NSWCATCD 81 Date of Decision: 29 September 2016 Before: D Goldstein, Senior Member File Number(s): HB 16/20040