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

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

The Appeal Panel held there was ample evidence supporting the Tribunal’s finding that Mr D'Amico was the builder, including Home Owners Warranty insurance in his name, his participation as builder in proceedings, and consent to relevant orders. There was no error of law, no unfairness, and no substantial miscarriage of justice to warrant granting leave to appeal. The Supreme Court judgment did not preclude further orders.

Parties
Appellant: Gino Christopher D'Amico; Respondent: The Owners-Strata Plan 87635; Respondent: Geoffrey Dengate and Jacqueline Dengate; Respondent: Nicole Louise Nicholson; Respondent: Kristopher David Parish and Christina Heather Parish; Respondent: Catrina Callaghan and Lucas Prohm; Respondent: Robert Taylor and Margaret Taylor
Jurisdiction
Australia
Judgment Date
20 April 2020
Procedural Posture
Appeal / Judgment on Application for Leave to Appeal and Substantive Appeal
Outcome
Leave to appeal refused; appeal dismissed; extension of time granted; costs awarded against appellant.
Legal Topics
Appeal, Home Building Act 1989 (nsw), Internal Appeals, Defective Building Work, Builder's Obligations, Home Owners Warranty Insurance
Building and Construction Strata Law Appeal Home Building Act 1989 (nsw) Internal Appeals Defective Building Work Builder's Obligations Home Owners Warranty Insurance

Case Brief

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Parties

Gino Christopher D'Amico

Appellant

The Owners-Strata Plan 87635

Respondent

Geoffrey Dengate and Jacqueline Dengate

Respondent

Nicole Louise Nicholson

Respondent

Kristopher David Parish and Christina Heather Parish

Respondent

Catrina Callaghan and Lucas Prohm

Respondent

Robert Taylor and Margaret Taylor

Respondent

Procedural Posture

Appeal / Judgment on Application for Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether Mr D'Amico was the builder for the purposes of the Home Building Act 1989 (NSW) and liable to orders for rectification or compensation
  2. 2 Whether Tribunal erred in refusing to remove Mr D'Amico as respondent after variation of consent orders
  3. 3 Whether the Tribunal ignored evidence relevant to Mr D'Amico's role as builder

Ratio Decidendi

The Appeal Panel held there was ample evidence supporting the Tribunal’s finding that Mr D'Amico was the builder, including Home Owners Warranty insurance in his name, his participation as builder in proceedings, and consent to relevant orders. There was no error of law, no unfairness, and no substantial miscarriage of justice to warrant granting leave to appeal. The Supreme Court judgment did not preclude further orders.

Court Disposition

Leave to appeal refused; appeal dismissed; extension of time granted; costs awarded against appellant.

Orders

  • The time for filing the Notice of Appeal be extended to 12 December 2019.
  • Leave to appeal refused.