JCK Building Solutions Pty Ltd v Marr [2019] NSWCATAP 122

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: JCK Building Solutions Pty Ltd v Marr [2019] NSWCATAP 122 Hearing dates: 16 April 2019 Date of orders: 09 May 2019 Decision date: 09 May 2019 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member P Durack SC, Senior Member Decision: 1. Extend the time for lodgement of the appeal to 7 January 2019. 2. Leave to appeal is refused. 3. The appeal is dismissed. Catchwords: APPEAL – false oral evidence allegedly given at hearing – fresh evidence claim – new evidence was reasonably available at the time of hearing -concession that builder would carry out certain rectification work - leave to appeal refused Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989, s 18B(1) Cases Cited: N/A Texts Cited: N/A Category: Principal judgment Parties: JCK Building Solutions Pty Ltd v Simon Brett Marr & Amy Marr JCK Building Solutions Pty Ltd v Simon Brett Marr & Amy Marr Representation: The Appellant was unrepresented

Counsel: M Davis (Respondents) Solicitors: McMahon Lawyers (Respondents) File Number(s): AP 19/01093 Publication restriction: None Decision under appeal Court or tribunal: Civil & Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 05 December 2018 Before: GK Burton SC, Senior Member File Number(s): HB 16/43946