The Sydney Building Company Limited v Sinac [2019] NSWCATAP 43

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Sydney Building Company Limited v Sinac [2019] NSWCATAP 43 Hearing dates: 6 September 2018 and 16 October 2018 Date of orders: 15 February 2019 Decision date: 15 February 2019 Jurisdiction: Appeal Panel Before: A P Coleman SC – Senior Member J Lucy – Senior Member Decision: (1) Leave to appeal granted in so far as is required for Ground 1. (2) Leave to appeal otherwise refused. (3) The appeal is dismissed. Catchwords: APPEAL: determination of jurisdiction below; appeal form interlocutory decision. HOME BUILDING: time by which application must be commenced; completion of works. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Home Building Amendment Act 2011 (NSW) Cases Cited: AOQ v Minister for Finance and Services (2016) 93 NSWLR 46 Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 Collins v Urban [2014] NSWCATAP 17 Gerlach v Clifton Bricks Pty Ltd (2002) 209 CLR 478; [2002] HCA 22 House v The King (1936) 55 CLR 499 Owners Corporation SP 64757 v MJA Group Pty Ltd (2011) 81 NSWLR 426; [2011] NSWCA 236 Owners SP 66375 v King [2018] NSWCA 170 Owners - Strata Plan No 74602 v Brookfield Australia Investments Ltd [2015] NSWSC 1916 Taylor v Joye [2018] NSWCATAP 309 Vero Insurance Ltd v Kassem [2011] NSWCA 381 Texts Cited: Nil Category: Principal judgment Parties: The Sydney Building Company Limited (Appellant) Lorna Sinac (Respondent) Representation: Counsel: I Chatterjee (Appellant) T Davie (Respondent)