Hanson v Metricon Homes Pty Ltd [2020] NSWSC 401

Supreme Court New South Wales

Medium Neutral Citation: Hanson v Metricon Homes Pty Ltd [2020] NSWSC 401 Hearing dates: 13 December 2019 Date of orders: 16 April 2020 Decision date: 16 April 2020 Jurisdiction: Common Law Before: Hamill J Decision: (1) Extend time for the filing of the summons. (2) Grant leave to appeal against the decision of the Appeal Panel known as Hanson v Metricon Homes Pty Ltd [2019] NSWCATAP 133. (3) Set aside the orders of the Appeal Panel made on 31 May 2019 and in lieu thereof make the following orders: (i) Appeal allowed. (ii) The decision of Senior Member Goldstein dated 13 November 2018 is quashed. (iii) Metricon's claim filed 15 December 2016 is remitted for hearing by a different single Member of the Tribunal to be dealt with according to law. (iv) Metricon is to pay the costs of and incidental to the internal appeal to the Appeal Panel. (4) Proceedings 2019/00006261 in the District Court of New South Wales are stayed pending the determination of Metricon's claim in the Civil and Administrative Tribunal. (5) The defendant is to pay the costs of and incidental to the appeal to this Court. Catchwords: CIVIL LAW – building dispute – money owed on contract – cross-claim – defence – shoddy building work – proceedings before NCAT – procedural fairness – where owners abandon cross-claim – failure to deal with defence – unrepresented litigants – where lawyer seeks leave to withdraw on day of hearing – hearing did not start well – confusion over reason lawyer withdrew – refusal of adjournment – "stage fright" – late service of joint expert report – contradictory case management orders – whether owners denied opportunity to challenge joint expert – internal appeal – whether Appeal Panel erred in failing to find denial of procedural fairness Legislation Cited: Administrative Appeals Tribunal Act 1997 (NSW), s 73 Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 38(5), 51, 80(2)(b), 83, 84(2)(b), cl 12(1) sch 4 Consumer Trader and Tenancy Tribunal Act 2001 (NSW), s 35 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Director of Public Prosecutions (NSW) v Hughes [2017] NSWSC 492 Dyason v Butterworth [2015] NSWCA 52 Gallo v Dawson [1990] HCA 30; (1990) 64 ALJR 458 Hanson v Metricon Homes Pty Ltd [2019] NSWCATAP 133 Italiano v Carbone & Ors [2005] NSWCA 177 Jackamarra v Krakouer (1998) 195 CLR 516; [1998] HCA 27 Jones & Anor v Ekermawi [2009] NSWCA 388 Misrachi v the Public Guardian [2019] NSWCA 67 Mraz v The Queen (1955) 93 CLR 493 O'Connor v State of New South Wales & Anor [2017] NSWSC 598 Re Association of Architects Ex Parte Municipal Officers Association of Australia [1989] HCA 13; (1989) 63 ALJR 298 Sullivan v Department of Transport (1978) 20 ALR 323 Category: Principal judgment Parties: Lloyd Hanson (First Plaintiff) Anna Hanson (Second Plaintiff) Metricon Homes Pty Limited (Defendant) Representation: Counsel: J Hyde (Plaintiffs) G Carolan (Defendant)