D’Amico v The Owners-Strata Plan No 87635 [2020] NSWCATAP 65

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: D'Amico v The Owners-Strata Plan No 87635 [2020] NSWCATAP 65 Hearing dates: 23 March 2020 Date of orders: 20 April 2020 Decision date: 20 April 2020 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member D Robertson, Senior Member Decision: (1) The time for filing the Notice of Appeal be extended to 12 December 2019. (2) Leave to appeal refused. (3) Appeal dismissed (4) The Appellant is to pay the respondents' costs as agreed or assessed. Catchwords: APPEAL – Building and Construction – Home Building Act 1989 (NSW) – Building dispute – appellant ordered to pay compensation for defective building work – appellant denied that he was the builder – Home Owners Warranty insurance issued in the name of the appellant – appeal dismissed – no issue of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: Cominos v Di Rico [2016] NSWCATAP 5 Jackson v NSW Land & Housing Corporation [2015] NSWCATAP 281 Manbead Pty Ltd v The Owners-Strata Plan No 87635 [2017] NSWSC 1629 Texts Cited: Nil Category: Principal judgment Parties: Gino Christopher D'Amico (Appellant) The Owners-Strata Plan 87635; Geoffrey Dengate and Jacqueline Dengate; Nicole Louise Nicholson; Kristopher David Parish and Christina Heather Parish; Catrina Callaghan and Lucas Prohm; Robert Taylor and Margaret Taylor (Respondents) Representation: Counsel: I George (Respondents)