Brennan Constructions Pty Ltd v Davison [2018] NSWCATAP 210

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Brennan Constructions Pty Ltd v Davison [2018] NSWCATAP 210 Hearing dates: 27 August 2018 Date of orders: 13 September 2018 Decision date: 13 September 2018 Jurisdiction: Appeal Panel Before: R Titterton, Principal Member D Fairlie, Senior Member Decision: 1. Appeal dismissed. 2. Leave to appeal refused. 3. The stay of order (2) of the Tribunal's orders of 12 June 2018 in matter HB 17/22725 is lifted. Catchwords: BUILDING AND CONSTRUCTION – whether the Tribunal erred in not making a work order pursuant to s 48MA of the Home Building Act – whether the Tribunal erred in allowing late evidence – whether the Tribunal erred in failing to consider defences of the Appellant

LEAVE TO APPEAL – whether leave to appeal should be granted because the Tribunal failed to appropriate weight to the Appellant's affidavit evidence - whether leave to appeal should be granted because the Tribunal preferred the expert's report relied on by the Respondents over the Appellant's expert report. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW). Environmental Planning and Assessment Act 1979 (NSW) Home Building Act 1989 (NSW) Cases Cited: Bajic v Paraskevopoulos [2018] NSWCATAP 192 Clements v Murphy [2018] NSWCATAP 152 Collins v Urban [2014] NSWCATAP 17 Galdona v Peacock [2017] NSWCATAP 64 House v R (1936) 55 CLR 499 Kumar v Sabharwal [2017] NSWCATAP 200 Kurmond Homes Pty Ltd v Marsden [2018] NSWCATAP 23 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Wright v Foresight Constructions Pty Ltd [2011] NSWCA 327 Category: Principal judgment Parties: Brennan Constructions (NSW) Pty Ltd (Appellant) Melissa Davison and Darryl Davison (Respondents) Representation: Solicitors: Bannermans (Appellant) Respondents: self -represented File Number(s): AP 18/30253 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: n/a Date of Decision: 12 June 2018 Before: T Simon, Senior Member File Number(s): HB 17/22725