White v Sunrise Pools Australia Pty Ltd [2017] NSWCATAP 216

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: White v Sunrise Pools Australia Pty Ltd [2017] NSWCATAP 216 Hearing dates: 28 August 2017 Date of orders: 21 November 2017 Decision date: 21 November 2017 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member J Lucy, Senior Member Decision: (1) The time for the filing of the Notice of Appeal be extended to 8 June 2017

(2) Leave to amend the Notice of Appeal is refused.

(3) Appeal dismissed.

(4) If either party seeks costs of the appeal, leave is granted to file and serve a short written submission on that issue within 14 days of the date of this decision.

(5) Leave is granted for the other party to file and serve a short written submission in reply within a further 14 days.

(6) Submissions should address the question of whether the Tribunal should dispense with a hearing on the issue of costs, pursuant to s 50 of the Civil and Administrative Tribunal Act 2013. Catchwords: APPEAL - Home building – Where home owner represented by her husband - Whether breach of procedural fairness – Whether Tribunal complied with obligation to self-represented litigant or non-legally trained agent – Whether Tribunal erred in interpretation and application of Home Building Act – Whether Tribunal erred in directing that the builder return to rectify defects when the contract has been terminated. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: AQK v Commissioner of Police, NSW Police Force [2016] NSWCATAD 223 Bauskis v Liew [2013] NSWCA 297 Civil Aviation Safety Authority v Ovens [2011] FCAFC 75; (2011) 121 ALD 514 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Sullivan v Department of Transport (1978) 1 ALD 383; (1978) 20 ALR 323 Category: Principal judgment Parties: Rachel White (Appellant) Sunrise Pools Australia Pty Ltd (Respondent) Representation: Michael White, Agent (Appellant) Adams Partners Lawyers (Respondent) File Number(s): AP 17/25930 Publication restriction: None Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 9 May 2017 Before: J Smith, Senior Member File Number(s): HB 16/45013