Catapult Constructions Pty Ltd v Denison [2018] NSWCATAP 158

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Catapult Constructions Pty Ltd v Denison [2018] NSWCATAP 158 Hearing dates: 12 February 2018 Date of orders: 28 June 2018 Decision date: 28 June 2018 Jurisdiction: Appeal Panel Before: I Bailey AM SC, Senior Member G Sarginson, Senior Member Decision: 1. Appeal allowed in part.

2. Costs of the appeal are reserved.

3. Within 21 days of the date of the decision, each party to file and serve a proposed scope of works; proposed work order; and any written submissions in regards to the proposed work order to reflect the findings of the Appeal Panel in these proceedings.

4. The submissions under Order 3 are to also address;

(a) The orders to be made as to the orders of the Tribunal which have been stayed.

(b) Whether the Appeal panel should proceed to make final orders, including orders as to any application and submissions as to costs, without conducting a further hearing. Catchwords: APPEAL--Home Building Act – s 48O, extent of jurisdiction, nature and extent of order making power, "perform any specified work or service or obligation under Act or agreement" – Breach of Statutory warranties; breach of contract; Discretion – order to perform any "specified act" Legislation Cited: Civil and Administrative Rules 2014 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Fair Trading Act 1987 (NSW) Home Building Act 1989 (NSW) Cases Cited: Bannister & Hunter v Transition Resort Holdings (No 3) [2013] NSWSC 1943 Bellgrove v Eldridge [1954] HCA 36; (1954) 90 CLR 613 Collins v Urban [2014] NSWCATAP 17 Deacon v National Strategic Constructions Pty Ltd [2017] NSWCATAP 185 Kurmond Homes Pty Ltd v Marsden [2018] NSWCATAP 23 Leung v Alexakis [2018] NSWCATAP 11 Little v J & K Homes Pty Ltd [2017] NSWCATAP 84 Category: Principal judgment Parties: Catapult Constructions Pty Ltd (Appellant) Julia Anne Denison (Respondent) Representation: Counsel: J Drummond (Appellant) C Blackwell (Respondent) Solicitors: Michael Atkinson & Associates (Appellant) Bannermans Lawyers (Respondent) File Number(s): AP 17/46569 Publication restriction: Unrestricted Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 03 October 2017 Before: G Meadows, Senior Member File Number(s): HB 15/52872 and HB 15/53181