Scuderi v Corfu Pools Pty Ltd [2020] NSWCATAP 62

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Scuderi v Corfu Pools Pty Ltd [2020] NSWCATAP 62 Hearing dates: 17 February 2020 Date of orders: 17 April 2020 Decision date: 17 April 2020 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Robertson, Senior Member Decision: Leave to appeal is refused and the appeal is dismissed. Catchwords: APPEALS-home building -swimming pool paving-work done by both homeowners and builder – cause of defects unclear – alleged errors of fact – decision claimed to be against the weight of the evidence - new evidence – leave to appeal refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: None cited Category: Principal judgment Parties: Antonio & Dorothy Scuderi (Appellants) Corfu Pools Pty Ltd (Respondent) Representation: Solicitors: First Appellant (Self Represented) Second Appellant (Self Represented) Respondent (Self Represented) File Number(s): AP 19/52754 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 29 October 2019 Before: S De Jersey, General Member File Number(s): HB 19/07720

REASONS FOR DECISION

Overview 1. The appellants (the homeowners) appeal from the dismissal of their claim for damages against the respondent (the builder) for breach of warranty in connection with the construction of a pool and its surrounds at their home in Sydney. 2. They raise a variety of matters on appeal concerning alleged errors of fact, including a contention that the decision was against the weight of the evidence and that they wish to rely upon new evidence obtained since the decision. Leave to appeal on these grounds is required. 3. For the reasons set out below, we have decided to refuse leave to appeal and, as a consequence, to dismiss the appeal.