Stefanis v Oneview Construction Pty Limited [2019] NSWCATAP 218

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stefanis v Oneview Construction Pty Limited [2019] NSWCATAP 218 Hearing dates: 11 February 2019 Date of orders: 30 August 2019 Decision date: 30 August 2019 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member J Wakefield, Senior Member Decision: (1) Leave to appeal is granted in respect of item 11 (windows) only.

(2) Order 1 made by the Tribunal on 20 September 2018 is set aside.

(3) In substitution for order 1, the following order is made: "The Builder must pay the Homeowners a total of $86,236.85 within 14 days of these orders".

(4) Leave to appeal is otherwise refused and the appeal is dismissed.

(5) Any application for costs is to be filed and served within 14 days of publication of these orders and is to be supported by submissions not exceeding five pages in length.

(6) Any submissions in response to the costs application is to be filed and served 14 days thereafter.

(7) Any submissions in reply are to be filed and served seven days thereafter.

(8) If both parties apply for costs of the appeal, they are to file an indexed bundle of costs submissions at the end of the submission period.

(9) Subject to the parties' submissions, any costs application(s) will be determined on the basis of the written submissions. Catchwords: APPEAL – Expert evidence - Section 18F defence – Leave to appeal Legislation Cited: Civil and Administrative Rules 2014 Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: Bonita v Shen [2016] NSWCATAP 159 Collins v Urban [2014] NSWCATAP 17 Craftsmen Restoration and Renovations v Thomas Boland, Thomas Boland v The Craftsmen Restoration and Renovations [2008] NSWSC 660 Dixon v. Commonwealth (1981) 61 ALR 173 F Hoffman-La Roche and Co. A.G. v. Secretary of State for Trade and Industry (1975) AC 295 Hernady v Raccani [2016] NSWCATAP 67 House v The King [1936] HCA 40; (1936) 55 CLR 499 Moussa Enterprises Pty Ltd v Stanford [2015] NSWCATAP 99 Pastrovic & Co Pty Ltd v Farrington [2011] NSWDC 94 Pollard v RRR Corporation Pty Limited [2009] NSWCA 110 Porthaze Pty Limited v Friend [2016] NSWCATCD 31 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Thompson v Chapman [2016] NSWCATAP 6 Texts Cited: Macquarie Dictionary Revised Edition (1981) Category: Principal judgment Parties: Steve Stefanis and Janet Stefanis (Appellants) Oneview Construction Pty Limited (Respondent) Representation: Counsel: Mr B Ilkovski - Respondent