Roberts v Goodwin Street Developments Pty Ltd

[2022] NSWCA 103

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Roberts v Goodwin Street Developments Pty Ltd [2022] NSWCA 103

Hearing dates:

20 June 2022

Date of orders:

20 June 2022

Decision date:

20 June 2022

Before:

Gleeson JA

Decision:

Notice of motion filed 1 June 2022 is dismissed with costs.

Catchwords:

PRACTICE AND PROCEDURE – application for stay pending appeal – where no arguable grounds of appeal – where no evidence as to applicant’s financial means

Legislation Cited:

Design and Building Practitioners Act 2020 (NSW), ss 36, 37

Cases Cited:

Adeels Palace Pty Ltd v Moubarak [2009] NSWCA 130

Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685

Kalifair Pty Ltd v Digi-Tech (Australia) Ltd (2002) 55 NSWLR 737; [2002] NSWCA 383

TCN Channel 9 Pty Limited v Antoniadis (No 2) (1999) 48 NSWLR 381

Vaughan v Dawson [2008] NSWCA 169

Category:

Procedural rulings

Parties:

Daniel Roberts (Self-represented – Applicant)
Goodwin Street Developments Pty Ltd (Respondent)

Representation:

Counsel:
D Roberts (Self-represented – Applicant)
R Sud (Respondent)

Solicitors:
Daniel Roberts (self-represented – Applicant)
Richard Green Construction Lawyers (Respondent)

File Number(s):

2022/151935

 Decision under appeal 

Court or tribunal:

Supreme Court of New South Wales

Jurisdiction:

Equity Division

Citation:

[2022] NSWSC 624

Date of Decision:

19 May 2022

Before:

Stevenson J

File Number(s):

2018/260981

Judgment

1. GLEESON JA: Application is made by Daniel Roberts for a stay pending appeal concerning a judgment of Stevenson J given on 19 May 2022 and orders made on 25 May 2022: Goodwin Street Developments Pty Ltd atf Jesmond Unit Trust v DSD Builders Pty Ltd (in liq) [2022] NSWSC 624. Those orders were (1) judgment for Goodwin Street Developments Pty Ltd atf Jesmond Unit Trust (Goodwin) against Mr Roberts in the sum of $948,820.59; and (2) Mr Roberts pay Goodwin’s costs of the proceedings assessed on the ordinary basis up to 6 August 2021 and assessed on an indemnity basis from 7 August 2021.

Background

2. The proceedings below involved two claims by Goodwin against Mr Roberts. First, a claim for damage to buildings and removal of materials, fixtures and fittings that had been incorporated into the buildings on land owned by Goodwin in Jesmond, close to the campus of the University of Newcastle. Second, a claim for damages for breach of statutory duty under s 37 of the Design and Building Practitioners Act 2020 (NSW) (the DBP Act) to avoid economic loss caused by identified defects in the building on the land arising from the construction work. Goodwin’s case was that Mr Roberts had carried out “construction work” on the site for the purposes of s 37 of the DBP Act, as he relevantly administered the building contract on behalf of the builder, DSD Builders Pty Ltd, which had been engaged by Goodwin to construct three residential boarding houses on the site, and that he controlled the carrying out of the construction work on the site on behalf of DSD.

3. The primary judge found that Mr Roberts caused damage and did remove materials,…