Preece Build Pty Ltd v Woodbury [2023] NSWCATCD 181

Preece Build Pty Ltd v Woodbury [2023] NSWCATCD 181

Although the 21 September 2023 decision was made in the Builder's absence, the Builder did not satisfy the Tribunal that its absence resulted in its case not being adequately put because it still did not explain what its defence to the Homeowners' claims would be, despite having notice of directions, time to prepare evidence, and service of Tribunal notices to its registered address. The set aside application was also filed one day late and the Builder did not seek or justify an extension of time, including by showing a fairly arguable case or any basis on which the outcome might differ.

Jurisdiction
Australia
Judgment Date
08 November 2023
Procedural Posture
Application to Set Aside a Tribunal Decision Pursuant to Cl 9 of the Civil and Administrative Tribunal Regulation 2022 (nsw) / On the Papers; Principal Judgment
Outcome
Set aside application dismissed; extension of time refused; prior Tribunal order remains in force.
Legal Topics
['set Aside Application' 'absence of Party at Hearing' 'extension of Time' 'service on Company Registered Office']
['practice and Procedure' 'consumer and Commercial' 'home Building Dispute'] ['set Aside Application' 'absence of Party at Hearing' 'extension of Time' 'service on Company Registered Office']

Case Brief

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Procedural Posture

Application to Set Aside a Tribunal Decision Pursuant to Cl 9 of the Civil and Administrative Tribunal Regulation 2022 (nsw) / On the Papers; Principal Judgment

Legal Issues

  1. 1 ['Whether the time to file the set aside application should be extended to 29 September 2023.' "Whether the Tribunal decision of 21 September 2023 was made in the Builder's absence." "Whether the Builder's absence resulted in its case not being adequately put to the Tribunal under cl 9(1)(b) of the Civil and Administrative Tribunal Regulation 2022 (NSW)."]

Ratio Decidendi

Although the 21 September 2023 decision was made in the Builder's absence, the Builder did not satisfy the Tribunal that its absence resulted in its case not being adequately put because it still did not explain what its defence to the Homeowners' claims would be, despite having notice of directions, time to prepare evidence, and service of Tribunal notices to its registered address. The set aside application was also filed one day late and the Builder did not seek or justify an extension of time, including by showing a fairly arguable case or any basis on which the outcome might differ.

Court Disposition

Set aside application dismissed; extension of time refused; prior Tribunal order remains in force.

Orders

  • ["The time in which to file the set aside application is not extended to 29 September 2023, and the respondent's application to set aside the Tribunal decision of 21 September 2023 is otherwise dismissed." 'The order made on 21 September 2023 in matter HB 23/22370 remains in full force and effect.']