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ARTICLE · 21 AUGUST 2017

Residential Focus - 16 August 2017 - Part 1: Appeal from a transfer order

Holding Redlich
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To avoid controversy, it may be preferable to apply to amend an application before or as part of a transfer application.

AustraliaReal Estate and Construction
Christine Jones
Christine Jones
Rebecca Kazzi
Rebecca Kazzi
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In Dyldam Developments Pty Ltd v Mewing [2017] NSWCATAP 170, the Appeal Panel dealt with an appeal from a transfer order.

The Owners claimed $500,000 from the Builder. The expert evidence served by the Owners quantified the claim at $495,587. The Tribunal below noted that the sum came "precariously close" to the $500,000 limit for building claims in the Tribunal.

The Owners subsequently realised that the figure arrived at by the expert had not included an allowance for preliminaries or a builder's margin. The Owners made an application for the transfer of the proceedings to the District Court of New South Wales, noting in their submissions an intention to increase the amount sought in their claim. The Tribunal granted the transfer.

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