David Cameron Jones t/as Oz Style Homes v Panchal [2018] NSWCATAP 238

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: David Cameron Jones t/as Oz Style Homes v Panchal [2018] NSWCATAP 238 Hearing dates: 25 June 2018 Date of orders: 09 October 2018 Decision date: 09 October 2018 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member D A C Robertson, Senior Member Decision: 1. Leave to appeal refused.

2. Appeal dismissed.

3. The stay of order 1 of the decision under appeal is lifted with immediate effect.

4. The Appellant pay the Respondents' costs of the Appeal as agreed or assessed. Catchwords: BUILDING AND CONSTRUCTION – Home Building jurisdiction of the Tribunal – whether time limits on jurisdiction in s 48K of the Home Building Act apply separately to each claim brought in an application or whether each application constitutes one "building claim" – whether in considering whether to make a work order requiring rectification by the builder it is a relevant consideration that there are defects for which the builder has not been found liable which the home owner will need to employ other builders to rectify WORDS AND PHRASES – "building claim" Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) s 48A, s 48K, s 48MA Home Building Amendment Act 2011 (NSW) Home Building Amendment Act 2014 (NSW) Interpretation Act 1987 (NSW) Cases Cited: Clyne v Deputy Commissioner of Taxation (1981) 150 CLR 1 Deputy Commissioner of Taxation (NSW) v Mutton (1988) 12 NSWLR 104 House v R (1936) 55 CLR 499 Independent Liquor & Gaming Authority v Auld [2018) NSWCATAP 184 Marks v Stafflair [2012] NSWCTTT 199 Marsh v Linmore Pty Ltd [2006] NSWCTTT 672 McGraw-Hinds (Aust) Pty Ltd v Smith (1978) 144 CLR 633 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418 Tinsley v Masterton Homes Pty Ltd [2013] NSWCTTT 26 Water Board v Moustakas (1988) 180 CLR 491 Texts Cited: Pearce & Geddes, Statutory Interpretation in Australia 8th edition 2014 Category: Principal judgment Parties: David Cameron Jones trading as Oz Style Homes (Appellant) Jayeshkumar Panchal and Archita Panchal (Respondents) Representation: Counsel: P Lonergan (Appellant) A Hopkins (Respondents)