Dixonbuild Pty Ltd v Adams [2020] NSWCATAP 190

Dixonbuild Pty Ltd v Adams [2020] NSWCATAP 190

Amendment of party name on the money order was within Tribunal’s power under s 63 NCAT Act as the error was obvious and did not involve fresh factual findings or prejudice; leave to extend time to appeal refused due to unexplained delay and lack of merit; award of damages was reasonable based on evidence at hearing, and appellant’s failure to provide counter-evidence; proper exercise of discretion by Tribunal regarding making work order and assessment of rectification costs.

Parties
Appellant: Dixonbuild Pty Ltd ABN 80 112 083 842; First Respondent: Timothy John Adams; Second Respondent: Jaimee Alexandra Noble
Jurisdiction
Australia
Judgment Date
15 September 2020
Procedural Posture
Appeal / Appeal Panel Judgment
Outcome
Appeal dismissed; time extended for appeal against amendment order, appeal otherwise out of time; costs ordered against appellant
Legal Topics
Residential Building Work, Statutory Warranties, Slip Rule, Rectification of Party Name, Rectification of Defective Work, Assessment of Damages, Extension of Time to Appeal
Contract Law Practice and Procedure Damages Residential Building Work Statutory Warranties Slip Rule Rectification of Party Name Rectification of Defective Work +2 more

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Parties

Dixonbuild Pty Ltd ABN 80 112 083 842

Appellant

Timothy John Adams

First Respondent

Jaimee Alexandra Noble

Second Respondent

Procedural Posture

Appeal / Appeal Panel Judgment

Legal Issues

  1. 1 Whether Tribunal had power under s 63 Civil and Administrative Tribunal Act, 2013 (NSW) to amend respondent’s name in the money order
  2. 2 Whether leave to extend time to appeal order should be granted
  3. 3 Whether Tribunal erred in declining to make a work order under s 48MA Home Building Act, 1989 (NSW)

Ratio Decidendi

Amendment of party name on the money order was within Tribunal’s power under s 63 NCAT Act as the error was obvious and did not involve fresh factual findings or prejudice; leave to extend time to appeal refused due to unexplained delay and lack of merit; award of damages was reasonable based on evidence at hearing, and appellant’s failure to provide counter-evidence; proper exercise of discretion by Tribunal regarding making work order and assessment of rectification costs.

Court Disposition

Appeal dismissed; time extended for appeal against amendment order, appeal otherwise out of time; costs ordered against appellant

Orders

  • The name of the appellant is amended to Dixonbuild Pty Ltd ABN 80 112 083 842.
  • The time to lodge the appeal in respect of order 1 made in application HB 19/26493 on 25 November 2019 is extended to 2 January 2020.