Thacker v Bonham [2017] NSWCATAP 217

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Thacker v Bonham [2017] NSWCATAP 217 Hearing dates: 2 November 2017 Date of orders: 22 November 2017 Decision date: 22 November 2017 Jurisdiction: Appeal Panel Before: G K Burton SC, Senior Member D Goldstein, Senior Member Decision: (1) Grant extension of time for filing of the appeal to and including 4 August 2017.

(2) The appeal is dismissed.

(3) The stay granted by the appeal panel of orders 2, 4, 5 and 6 made on 6 July 2017 is lifted on and from publication of these reasons and date of these orders and order 5 made on 6 July 2017 is varied to read "The works are to be completed no later than three months after date of publication of reasons and making of orders by the Appeal Panel in AP17/34593 Thacker v Bonham".

(4) Order that the appellant pay the respondent's costs of the appeal as agreed or assessed on the ordinary basis. Catchwords: Home Building – error in evidence before primary member – discretion on remedy – works order Legislation Cited: Civil and administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Little v J&K Homes PL [2017] NSWCATAP 84 Brewarrina Shire Council v Beckhaus Civil PL [2005] NSWCA 248 Texts Cited: Nil Category: Principal judgment Parties: Natalie Renee Thacker (Appellant) Gregory William Bonham (Respondent) Representation: Counsel: H Woods (Appellant) M Kalyk (Respondent)