Hanson v Metricon Homes Pty Ltd [2019] NSWCATAP 133

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hanson v Metricon Homes Pty Ltd [2019] NSWCATAP 133 Hearing dates: 25 February 2019 Date of orders: 31 May 2019 Decision date: 31 May 2019 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member D Fairlie, Senior Member Decision: 1. Leave to appeal refused. 2. Appeal dismissed. 3. The stay of the operation of the orders in HB 16/55283 made on 13 November 2018 and extended on 25 February 2019 is lifted. 4. If either party seeks an order for costs of the appeal, the following directions apply: (1) Any application for costs of the appeal must be provided to the Tribunal and the other party within 14 days of the date of this order; (2)The party against whom an order for costs is sought is to provide to the Tribunal and the other party within 14 days of the application for costs any response to that application; (3)The party seeking costs is to provide to the Tribunal and the other party any submissions in reply within 14 days after the date of the response to the costs application; (4) The parties are to include in their submissions whether they consent to the determination of any costs application on the basis of the written submissions, without the need for a hearing; and (5) Subject to considering any submissions from the parties, the Tribunal will dispense with a hearing and determine any costs application on the basis of the documents provided to the Tribunal. Catchwords: APPEAL – home building – claim by builder for payment under contract – cross claim by owners for defects and delay –withdrawal of owners' claim - whether denial of procedural fairness in not adjourning – whether failure to have regard to evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Cases Cited: Armee v Brealey [2017] NSWCATAP 141 Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 Collins v Urban [2014] NSWCATAP 17 Evers v Firth (1986) 10 NSWLR 22 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited [2013] HCA 46 J A Briscoe v Jamdau Investments Pty Ltd (in liq) [2014] NSWCATCD 24 Mesiha v Murrell [2017] NSWCATAP 1 O'Neill v T and I Engines Pty Ltd [2015] NSWCATAP 77 Category: Principal judgment Parties: Lloyd Hanson and Anna Hanson (Appellants) Metricon Homes Pty Ltd (Respondent) Representation: Counsel: G Campbell (Appellants) G Carolan (Respondent)