58-60 Park Street

PRACTICE AND PROCEDURE – Claim for defective work – Notice of Motion application to rely on Amended List Statement – Whether leave should be granted to plaintiff rely on Amended List Statement and further allegations of defective work – Whether leave should be granted to rely upon further export reports – Balance of justice weighted in favour of plaintiff – Leave granted

ADMINISTRATIVE LAW - judicial review - construction of Home Building Act 1989, s 48K - jurisdiction of Consumer, Trader and Tenancy Tribunal - whether plaintiff was denied procedural fairness - whether Tribunal had jurisdiction to deal with claim for an amount exceeding $500,000 - whether Tribunal fell into jurisdictional error in dismissing proceedings without considering challenge to its jurisdiction or the plaintiff's application for transfer of proceedings to Supreme Court - jurisdictional error established - whether discretion to refuse relied should be exercised

COSTS –– plaintiff successful in notice of motion – undue prejudice suffered by defendants –– plaintiff ordered to pay second to fifth defendants’ costs of motion – first defendant did not appear, ordered to pay plaintiff’s costs of motion

COSTS - whether costs should depart from the general rule costs as agreed or assessed - defendants treated as one defendant - Suitors' Fund Act 1951 - certificate granted