Slotwinski v Nutek Constructions Pty Ltd [2020] NSWCATAP 216

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Slotwinski v Nutek Constructions Pty Ltd [2020] NSWCATAP 216 Hearing dates: 10 July 2020 Date of orders: 20 October 2020 Decision date: 20 October 2020 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President G Curtin SC, Senior Member Decision: (1) Appeal upheld. (2) Set aside Order 1 of the Tribunal dated 13 November 2019 and in lieu thereof order that the respondent's proceedings be dismissed. (3) If any party desires to make an application for costs of the appeal: (a) that party is to so inform the other party within 14 days of the date of these reasons; (b) the applicant for costs is to lodge with the Appeal Panel and serve on the respondent to the costs application any written submissions of no more than five pages on or before 14 days from the date of these reasons; (c) the respondent to any costs application is to lodge with the Appeal Panel and serve on the applicant for costs any written submissions of no more than five pages on or before 28 days from the date of these reasons; (d) any reply submissions limited to three pages are to be lodged with the Appeal Panel and served on the other party within 35 days of the date of these reasons; (e) the parties are to indicate in their submissions whether they consent to an order dispensing with an oral hearing of the costs application, and if they do not consent, submissions of no more than one page as to why an oral hearing should be conducted rather than the application being determined on the papers. Catchwords: CONTRACTS – remedies – damages – after repudiation – measure of damages – proper construction of contracts CIVIL PROCEDURE – jurisdiction – inferior tribunal – equitable defence CIVIL PROCEDURE – jurisdiction – whether s 48K(9) of the Home Building Act 1989 confers jurisdiction on the Tribunal despite cl 5(7) of Sch 4 of the Civil and Administrative Tribunal Act 2013 Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Sch 4, cl 5(7) Consumer, Trader and Tenancy Tribunal Act 2001 (NSW), s 22 Home Building Act 1989 (NSW), ss 48K(1), 48K(9) Law Reform (Law and Equity) Act 1972 (NSW), ss 6, 7 Cases Cited: Advance Earthmovers Pty Ltd v Fubew Pty Ltd [2009] NSWCA 337 Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Hawes v Dean [2014] NSWCA 380 HP Mercantile Pty Ltd v Dierickx [2013] NSWCA 479 Steak Plains Olive Farm Pty Ltd v Australian Executor Trustees Limited [2015] NSWSC 289 Texts Cited: Meagher, Gummow & Lehane's Equity Doctrines & Remedies, 4th ed., LexisNexis Butterworths, 2002 Young, Croft and Smith, On Equity, LawBook Co, 2009 Category: Principal judgment Parties: Julia Slotwinski (Appellant) Nutek Constructions Pty Ltd (Respondent) Representation: Solicitors: Appellant (Self Represented) N Kalantzis (Company Secretary) (Respondent) File Number(s): AP 19/52825 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 13 November 2019 Before: G Blake AM SC, Senior Member File Number(s): HB 19/30971