Bao Long Guo t/as GD Brother Projects v GB Electrical Services Pty Ltd [2020] NSWCATAP 131

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bao Long Guo t/as GD Brother Projects v GB Electrical Services Pty Ltd [2020] NSWCATAP 131 Hearing dates: 6 February 2020 Date of orders: 02 July 2020 Decision date: 02 July 2020 Jurisdiction: Appeal Panel Before: Cole DCJ, Deputy President G Blake AM SC, Senior Member Decision: (1) In relation to the application for miscellaneous matters filed by GB Electrical Services Pty Limited on 17 February 2020, a hearing is dispensed with pursuant to s 50 of the Civil and Administrative Tribunal Act 2013 (NSW). (2) The application for the orders set out in the application for miscellaneous matters is refused. (3) The appeal by Bao Long Guo trading as GD Brother Projects is allowed. (4) Orders 1 and 2 made by the Tribunal at first instance are set aside. (5) Within seven days of the expiration of 28 days from the publication of this decision, in the event that no appeal from this decision has been filed in the Supreme Court (such filing to include the payment or waiver by the Court of the filing fee), the Registrar of the Tribunal is to pay to Bao Long Guo the sum of $25,877 which is the sum paid in to the Tribunal by him pursuant to the order made on 28 November 2019. Catchwords: APPEAL – Building and Construction – Quantum Meruit Legislation Cited: Home Building Act 1989 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Angelopoulos & Anor v Sabatino & Anor (1995) 65 SASR 1 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 BCL v NSW Trustee and Guardian [2014] NSWCATAP 18 Building Professionals Board v Hans (GD) [2008] NSWADTAP 13 Mielczarek v Commissioner for Fair Trading [2016] NSWCATAP 217 Pavey & Matthews Pty Ltd v Paul [1987] HCA 5; (1987) 162 CLR 221 Smith v New South Wales Bar Association [1992] HCA 36; (1992) 176 CLR 256 The Queen v Australian Stevedoring Industry Board; Ex Parte Melbourne Stevedoring Pty Ltd [1953] 88 CLR 100 Category: Principal judgment Parties: Bao Long Guo t/as GD Brother Projects (Appellant) GB Electrical Services Pty Ltd (Respondent) Representation: Solicitors: Just in Case Legal (Appellant) Adam J Musgrave (Respondent) File Number(s): AP 19/52057 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 25 October 2019 Before: G Meadows, Senior Member File Number(s): HB 19/24017