Tom v Jenkins [2018] NSWCATCD 7

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tom v Jenkins [2018] NSWCATCD 7 Hearing dates: 2 and 3 May and 29 and 30 November 2017 Date of orders: 08 March 2018 Decision date: 08 March 2018 Jurisdiction: Consumer and Commercial Division Before: D. Goldstein. Senior Member Decision: 1. The application is dismissed.

2. Any costs application must be lodged in the Tribunal and served on the costs respondent within 21 days of the date of these orders either attaching or referring to any documents relied upon in support of the application.

3. The costs respondent will have 21 days after the date it receives the application referred to in the preceding order to lodge in the Tribunal and serve on the costs applicant its submissions in response to the cost applicant's costs application, such submissions either attaching or referring to any documents relied upon.

4. The cost applicant will have 14 days after the date it receives the cost respondent's submissions to lodge in the Tribunal and serve on the costs respondent its submissions, if any, in reply, such submissions either attaching or referring to any documents relied upon.

Subject to the right of the parties to make submissions under section 50(3) of the Civil and Administrative Tribunal Act 2013 for a hearing on costs (which should be made in conjunction with the submissions referred to above), the Tribunal will determine any costs application on the basis of the papers lodged in the Tribunal. Catchwords: Time for bringing proceedings – section 48K(3) of the Home Building Act 1989 Legislation Cited: Civil and Administrative Tribunal Act 2013 Fair Trading Act 1987 Home Building Act 1989 Cases Cited: Cyril Smith & associates Pty Ltd v The Owners-Strata Plan No 64970 [2011] NSWCA 181 Pullen v Gutteridge Haskins & Davey Pty Ltd [1993] VicRp 4; [1993] 1 VR 27 Winnote Pty Ltd & Anor v Page & Ors (2006) 68 NSWLR 531 Category: Principal judgment Parties: Applicant: Andrew Tom Respondent: Colin jenkins Representation: Counsel: Mr C. Simpson for the applicant Mr J Priestley SC for the respondent