Tom v Jenkins [2019] NSWCATAP 74

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tom v Jenkins [2019] NSWCATAP 74 Hearing dates: 18 June 2018 Date of orders: 02 April 2019 Decision date: 02 April 2019 Jurisdiction: Appeal Panel Before: F Corsaro SC, Senior Member D Charles, Senior Member Decision: (1) Leave is granted to extend time to file the Notice of Appeal to 13 April 2018. (2) Appeal dismissed. (3) The appellant is to pay the respondent's costs of this Appeal on the ordinary basis as agreed or as assessed in accordance with the applicable costs assessment legislation. Catchwords: APPEALS – builder's claim against engineer for indemnity in respect of builder's liability to home owners for defective residential building work – builder's claim based on allegations of negligence and misleading conduct - extension of time required to appeal – lack of procedural fairness – statutory interpretation of s 48K of the Home Building Act – lack of jurisdiction for the Tribunal to determine the builder's claim – appeal dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Fair Trading Act 1987 (NSW) Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Meisha v Murrell [2017] NSWCATAP 1 Grygiel v Bayne [2005] NSWCA 218 Texts Cited: None Category: Principal judgment Parties: Andrew Tom (Appellant) Colin Jenkins (Respondent) Representation: Counsel: C Simpson (Appellant) J Priestley (Respondent) File Number(s): AP 18/17113 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2018] NSWCATCD 7 Date of Decision: 8 March 2018 Before: D Goldstein, Senior Member File Number(s): HB 16/35212