Nationwide Builders Pty Ltd v Saunders [2019] NSWCATAP 190

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nationwide Builders Pty Ltd v Saunders [2019] NSWCATAP 190 Hearing dates: 06 May 2019 Date of orders: 06 May 2019 Decision date: 06 May 2019 Jurisdiction: Appeal Panel Before: T Simon, Principal Member (acting) J Kearney, Senior Member Decision: (1) Leave to extend time for the Appeal is refused.

(2) Leave to Appeal is refused.

(3) The appellant is to pay the respondent's costs of $391.06 immediately.

(4) The Appeal is otherwise dismissed. Catchwords: Home Building – against the weight of evidence – fair and equitable – excessive damages Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 The Owners Corporation Strata Plan No. 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 Texts Cited: None cited Category: Principal judgment Parties: Nationwide Builders Pty Ltd (Appellant) Matthew Saunders and Benjamin Saunders (Respondents) Representation: In person File Number(s): AP 19/05370 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 2 November 2018 Before: D Goldstein, Seniorl Member File Number(s): HB 18/10156