Vella v Mir (No 2) [2019] NSWCATAP 240

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Vella v Mir (No 2) [2019] NSWCATAP 240 Hearing dates: On the papers Date of orders: 25 September 2019 Decision date: 25 September 2019 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member J Kearney, Senior Member Decision: (1) Joyce Vella is to pay Sidney and Marie Mir the sum of $52,678.86 within 14 days of the date of these orders. (2) Brownlow Hill Building Services Pty Ltd t/as Cathayne Constructions is to pay Sidney and Marie Mir the sum of $4,372.50 within 14 days of the date of these orders. (3) Any application for costs of the Tribunal and Appeal proceedings is to be filed and served within 21 days of publication of these orders, with any response to the costs application to be filed and served within 21 days thereafter. (4) If more than one party makes an application for costs, the parties are to file three copies of the costs submissions in indexed, tabbed and paginated bundles at the end of the submission period. Catchwords: APPEAL – Home Building – Definition of major defect - s 18F defence – Method of rectification of defect Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Home Building Regulation 2013 Cases Cited: Ashton v Stevenson; Stevenson v Ashton [2019] NSWCATAP 67 David Cameron Jones t/as Oz Style Homes v Panchal [2018] NSWCATAP 238 Gregorio v Cheadle [2018] NSWCATAP 118 Pastrovic & Co v Farrington [2011] NSWDC 94 Stevenson v Ashton [2018] NSWCATCD 25 The Craftsmen Restoration & Renovations v Thomas Boland [2009] NSWSC 600 Vella v Mir [2019] NSWCATAP 28 Texts Cited: Nil Category: Principal judgment Parties: Joyce Vella (First Appellant) John Vella (Second Appellant) Sidney Mir (First Respondent) Marie Mir (Second Respondent) Brownlow Hill Building Services Pty Ltd t/as Cathayne Constructions (Third Respondent) Representation: Counsel: P Bambiogiotti with B Pluznyk (Appellants) T Flaherty (First & Second Respondents) R Zikmann (Third Respondent)