Vescio v Vidovic [2017] NSWCATAP 124

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Vescio v Vidovic [2017] NSWCATAP 124 Hearing dates: 10 May 2017 Date of orders: 30 May 2017 Decision date: 30 May 2017 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President I H Bailey AM SC, Senior Member Decision: (1) The application for leave to appeal is refused; (2) The stay made on 19 January 2017 is lifted; (3) Order 3 made in HB 16/15874 and HB 16/31559 is varied by substituting the date 1 July 2017 for 30 April 2017; and (4) Otherwise the appeal is dismissed. Catchwords: APPEAL – Home Building Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Category: Principal judgment Parties: Carmelo Vescio, (Appellant) Maria Vidovic and Stephen Powrie, (Respondents) Representation: C Vescio (Appellant in person). M Vidovic, S Powrie (Respondents; by telephone) File Number(s): AP 17/00683, AP 17/17673 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: n/a Date of Decision: 06 December 2016 Before: D G Charles, Senior Member File Number(s): HB 16/15874 and HB 16/35889

REASONS FOR DECISION 1. This is an appeal from a decision of the Tribunal in the Consumer and Commercial Division made on 9 December 2016 in two interrelated proceedings. 2. The proceedings involved an application, HB16/15874 by the Respondent homeowners Dr Maria Vidovic and Stephen Powrie and an application, HB 16/35889, by the Appellant builder Carmelo Vescio. For convenience we will refer to the Appellant as the builder and the Respondents as the homeowners. We will refer to the decision the subject of this appeal as "the Decision".