Precise Builders (NSW) Pty Ltd v Jones & Krel [2018] NSWCATAP 112

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Precise Builders (NSW) Pty Ltd v Jones & Krel [2018] NSWCATAP 112 Hearing dates: 19 February 2018 Date of orders: 14 May 2018 Decision date: 14 May 2018 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member A Boxall, Senior Member Decision: 1. Leave to appeal is refused. 2. Appeal dismissed. 3. The stay on the operation of the orders granted on 7 December 2017 is lifted. 4. Order 2 is varied so as to require that the works in Order 1 be concluded no later than 10 weeks after the date of these orders. Catchwords: APPEAL - Home building – Work order – Order to perform or procure performance of remedial work Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 House v The King [1936] HCA 40; (1936) 55 CLR 499 Kurmond Homes Pty Ltd v Marsden [2018] NSWCATAP 23 Leung v Alexakis [2018] NSWCATAP 11, Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Precise Builders (NSW) Pty Ltd (Appellant) Edward Jones and Helena Krel (Respondents) Representation: A Ramirez and C Pappas (Appellants) Respondents in person File Number(s): AP 17/50367 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 13 November 2017 Before: G Meadows, Senior Member File Number(s): HB 16/54978