2-6 Buckingham Road

BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) s 48K — Jurisdiction of the Civil and Administrative Tribunal — Claim for breach of statutory warranty — Section 48K(3) does not limit the Tribunal’s jurisdiction in respect of claims for breach of statutory warranty — Civil and Administrative Tribunal Act Schedule 4 clause 6 — Power of the Tribunal to transfer proceedings to a court — The Tribunal has power to transfer proceedings to a court even where the Tribunal has no jurisdiction in respect of the claim — Consideration of the circumstances in which it will be appropriate to order the transfer of proceedings

COSTS – Civil and Administrative Tribunal Rules rr 38 and 38A – Amount claimed or in dispute – Civil and Administrative Tribunal Act s 60 – Special circumstances

COSTS – failed application for a stay of order transferring proceedings from Tribunal to a Court – Appeal Panel not satisfied order capable of being meaningfully stayed – whether r 38A of the Civil and Administrative Tribunal Rules 2014 (NSW) engaged or whether special circumstances warranting an order as to costs established

APPEAL – application for a stay – whether order transferring proceedings from Tribunal to a Court capable of being stayed by Appeal Panel of the Tribunal – whether order transferring proceedings had already been given effect to or has future effect