N & T Buildings Pty Ltd v Ball [2017] NSWCATAP 234

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: N & T Buildings Pty Ltd v Ball [2017] NSWCATAP 234 Hearing dates: 12 July 2017 Date of orders: 20 December 2017 Decision date: 20 December 2017 Jurisdiction: Appeal Panel Before: Ian Bailey AM SC, Senior Member David Goldstein, Senior Member Decision: (1) Leave to appeal where necessary refused.

(2) Appeal is dismissed.

(3) Stay Order made on 12 May 2017 is lifted.

(4) Any application for costs is to be made in writing to the Tribunal (with a copy to the other party) within 14 Days of the date of publication of these reasons for decision and to be accompanied by a submission.

(5) Any submission in response to the costs application is to be provided to the Tribunal and the other party within 14 days of receipt of the costs application.

(6) Any submission in reply is to be made within 7 days thereafter.

(7) The submissions on costs are to include reference to whether the issue of costs can be determined on the papers without a hearing. Catchwords: APPEAL – expert evidence – exercise of discretion – appellant unrepresented at hearing Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Makita v Sprowles (2010) 52 NSWLR 705 Pownall v Conlon Management (1985) 12 WAR 370 Urban Constructions (NSW) Pty Ltd v Shearer [2015] NSWCATCD 9 Khan v Kang [2014] NSWCATAP 48 Landy v Bentleigh Homes Illawarra [2011] NSWCTTT Eddy Lau Constructions Pty Ltd v Transdevelopment Enterprise Pty Ltd [2004] NSWSC 273 Bellgrove v Eldridge (1954) CLR 613 House v the King [1936] 55 CLR 499 Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWSC 1302 Christoper Kerrie Gates v Crown Constructions Pty Ltd [2014] NSWCATCD 172 Long & Fitzpatrick v Wollongong Homes Pty Ltd [2015] NSWCATCD 141 Mick Fabar Constructions Py Ltd v Robert Simes & Kim Louise Filmer [2025] 123 Hannaford v Commonwealth Bank [2014] NSWCA 297 Category: Principal judgment Parties: N & T Buildings Pty Ltd (Appellant) Clifford and Carmel Ball (Respondents) Representation: Counsel: Mark Davies (Appellant) Grant Carolan (Respondents)