Quigg v O’Leary trading as Building Habitats [2018] NSWCATAP 298

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Quigg v O'Leary trading as Building Habitats [2018] NSWCATAP 298 Hearing dates: 20 August 2018 Date of orders: 13 December 2018 Decision date: 13 December 2018 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member D A C Robertson, Senior Member Decision: (1) Time to lodge the appeal is extended to 30 May 2018.

(2) Leave to appeal is refused.

(3) The appeal is dismissed.

(4) The second respondent's costs application is refused. Catchwords: BUILDING AND CONSTRUCTION – Home Building – owners contracted separately with builder, waterproofer and tiler – builder penetrated waterproofing while installing balustrade – waterproofer not called to undertake second stage waterproofing – responsibility of owners to arrange contractors – no error of law – decision not against the weight of evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: Alexander James Pty Ltd v Pozetu Pty Ltd (No. 2) [2016] NSWCATAP 75 Atkinson v Crowley [2011] NSWCA 194 Collins v Urban [2014] NSWCATAP 17 Hutchings v CTTT [2008] NSWSC 717 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Moussa Enterprises Pty Ltd v Stanford [2015] NSWCATAP 99 Pollard v RRR Corporation Pty Limited [2009] NSWCA 110 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Kenneth Colin Quigg and Margaret Anne Parkes (Appellants) Thomas Anthony O'Leary trading as Building Habitats (First Respondent) Stephen John Grieg (Second Respondent) Nathan Zimnowoda (Third Respondent) Representation: Appellants and First respondent: Self-represented Second respondent: Sautelle White Lawyers Third respondent: No appearance File Number(s): AP 18/25158 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 30 April 2018 Before: J Lennard, General Member File Number(s): HB 18/00404