Clements v Murphy [2018] NSWCATAP 152

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Clements v Murphy [2018] NSWCATAP 152 Hearing dates: 26 February 2018 Date of orders: 20 June 2018 Decision date: 20 June 2018 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member D A C Robertson, Senior Member Decision: (1) Application for leave to appeal refused

(2) Appeal dismissed

(3) Either party may file written submissions within 14 days seeking an order in relation to the costs of the proceedings.

(4) If either party files submissions in accordance with order (3), the other party may file submissions in response within a further 14 days.

(5) If submissions are filed in accordance with orders (3) and (4) the question of costs will be determined on the papers and without a hearing pursuant to s50(2) of the Civil and Administrative Tribunal Act.

(6) If no submissions are filed in accordance with orders (3) and (4), the appellant is to pay the respondents' costs of the appeal as agreed or assessed. Catchwords: BUILDING AND CONSTRUCTION – Home Building – whether the preference for rectification of defective work by the responsible contractor arising from s48MA of the Home Building Act applies in relation to incomplete work WORDS AND PHRASES – "defective work" Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) ss 48MA, 48O Cases Cited: House v R (1936) 55 CLR 499 Kurmond Homes v Marsden [2018] NSWCATAP 23 Leung v Alexakis [2018] NSWCATAP 11 Master Glass Facades Pty Ltd v Pollak [2017] NSWCATAD 45 P& M Kaye Ltd v Hosier & Dickinson Ltd [1972] 1 WLR 146 Pollak v Master Glass Facades Pty Ltd [2017] NSWCATAP 203 Category: Principal judgment Parties: Raymond Clements (Appellant) Gary Murphy and Amanda Murphy (Respondents) Representation: Counsel: J Nathan (Appellant) J Young (Respondent)