Ashton v Stevenson; Stevenson v Ashton [2019] NSWCATAP 67

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ashton v Stevenson; Stevenson v Ashton [2019] NSWCATAP 67 Hearing dates: 5 December 2018, Submissions 14 and 20 December 2018 Date of orders: 26 March 2019 Decision date: 26 March 2019 Jurisdiction: Appeal Panel Before: I Bailey AM SC, Senior Member L Wilson Senior Member Decision: In AP 18/31090: (1) The appeal on grounds 1, 2, 3 and 4 allowed. (2) Set aside Order 1 in the Decision and the Respondent is to immediately pay to the Appellant any amount paid under the Order.

In AP 18/32837: (1) Appeal on Grounds 1, 2, 3, 4, 5, 6, 7, 9, 10, and 12 are dismissed.

As to costs in both appeals (1) Any application for costs of these appeal proceedings is to be filed and served within 14 days of publication of these orders and any response to the costs application to be filed and served within 14 days thereafter. (2) Within a further 28 days thereafter the costs applicant and the costs respondent are to file and serve three copies of submissions and paginated documents on which they rely. Catchwords: Home Building – Date of Completion of residential building work – major defect – proof of elements – limitation periods Legislation Cited: Home Building Act 1989 Environmental Planning and Assessment Act 1979 Civil and Administrative Tribunal Act 2013 Cases Cited: Vella v Mir [2019] NSWCATAP 28 Panchal v Jones t/as Oz Style Homes [2018] NSWCATD 238 Category: Principal judgment Parties: In AP 18/31090 Jacqueline Ashton (Appellant) Phillip Stevenson (Respondent) In AP 18/32837 Phillip Stevenson (Appellant) Jacqueline Ashton (Respondent) Representation: Counsel: M McMahon (for Ashton) R.A. Jedrzejczyk (for Stevenson) Solicitors: Hughes and Taylor (for Ashton) Chambers Russell(for Stevenson) File Number(s): AP 18/31090 and AP 18/32837 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil & Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 28 June 2018 Before: D A C Robertson Senior Member File Number(s): HB 16/50587