Bui v DB Homes Australia Pty Ltd [2017] NSWCATAP 218

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bui v DB Homes Australia Pty Ltd [2017] NSWCATAP 218 Hearing dates: 15 August 2017 Date of orders: 28 November 2017 Decision date: 28 November 2017 Jurisdiction: Appeal Panel Before: R Seiden SC, Principal Member J Currie, Senior Member Decision: (1) Extension of time to appeal refused.

(2) Leave to appeal refused.

(3) The appeal is otherwise dismissed.

(4) Within 28 days of the publication of these Orders, the respondent is to give to the Tribunal and the appellants any application it makes for costs of the appeal and any written submissions in support of that application including as to whether an oral hearing is necessary.

(5) If the respondent makes a costs application in accordance with Order (4), then within 21 days of service upon them of that application and any submissions by the respondent, the appellants are to give the Tribunal and the respondent any reply to the application and any written submissions including as to whether an oral hearing is necessary.

(6) Within 21 days of its receipt of any reply or submissions by the appellants, the respondent is to give the Tribunal and the appellants any written submissions in response. Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) – whether question of law – whether leave should be granted on a question of fact – Extension of time – leave to appeal - self-represented litigants – leave denied DAMAGES – Assessment of damages – imprecise calculation of quantum of damages – damage not in contemplation of the parties EVIDENCE – Whether additional evidence was 'new – relevance of evidence to matter on Appeal Legislation Cited: Civil and Administrative Tribunal Rules 2014 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (Cth) Home Building Act 1989 (NSW) Cases Cited: Al-Daouk v Mr Pine Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Ali v AAI Limited (2016) 75 MVR 502; [2016] NSWCA 110 Australian Gas Light Co v Samuels (1993) 9 NSWCCR 616 Baak v Concrete Services Group Pty Ltd [2016] NSWCATAP 42 BCL v NSW Trustee and Guardian [2014] NSWCATAP 18 Bellgrove v Eldridge (1954) 90 CLR 613; [1954] HCA 36 Biggin and Co Ltd v Permanite Ltd (1951) 1 KB 422 Clements v Independent Indigenous Advisory Committee (2003) 131 FCR 28 Collins v Urban [2014] NSWCATAP 17 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 73 ALD 321 Dusanovski v Xiao [2015] NSWCATAP 254 Fink v Fink (1946) 74 CLR 127; [1946] HCA 54 Gallagher v R (1986) 160 CLR 392; [1986] HCA 26 Gallo v Dawson (1990) 93 ALR 479; [1990] HCA 30 Hadid v Owners Corporation Strata Plan [2015] NSWCATAO 74 Hadley v Baxendale (1854) 9 Exch 341 Holland v Jones (1917) 23 CLR 149; [2013] HCA Jackamarra v Karkouer (1998) 195 CLR 516; [1998] HCA 27 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 JLW (Vic) Pty Ltd v Tsiloglau and Anor [1994] (Vic) Rp 16 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Jones v Schiffmann (1971) 124 CLR 303 Leisure Brothers Pty Ltd v Smith [2017] NSWCATAP 11 Lettau v Artwork Transport Pty Ltd [2017] NSWCATAP 14 Macquarie Grove Homes Pty Ltd v Tony Aylott & Glen Aylott t/as T & G Bricklaying; Tony Aylott & Glen Aylott t/as T & G Bricklaying v Macquarie Grove Homes Pty Ltd [2016] NSWCATAP 142 Mielczarek v Commissioner of Fair Trading [2016] NSWCATAP 217 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Nanschild v Pratt [2011] NSWCA 85 PTM Corporate Advisory v Temple [2015] NSWCATP 218 Re Anasis; Ex parte Total Australia Ltd (1985) 11 FCR 127 Sharp Corporation of Australia Pty Ltd v Collector of Customs (1995) 59 FCR 6 The Commonwealth of Australia v Amann Aviation Pty Ltd (1991) 174 CLR 64; [1991] HCA 54 Tomko v Palasty (No 2) (2007) 71 NSWLR 61 Whipps v Caravan & RV Central Pty Ltd [2017] NSWCATAP 163 White v Alto Artarmon Pty Ltd [2017] NSWCATAP 164 Yuen v Thom [2016] NSWCATAP 243 ZAU v Public Guardian [2016] NSWCATAP 53 Category: Principal judgment Parties: Huy Bui and Suzanne Bui (Appellants) DB Homes Australia Pty Ltd (Respondent) Representation: In Person (Appellants) R Sidey of Johnsons Solicitors (Respondent) File Number(s): AP 17/22767 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal (NSW) Jurisdiction: Consumer and Commercial Division Citation: [2017] NCATCD 28 Date of Decision: 11 April 2017 Before: G Kinsey, General Member File Number(s): HB 16/22637