Grandview Pty Ltd v Bacon [2021] NSWCATAP 83

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Grandview Pty Ltd v Bacon [2021] NSWCATAP 83 Hearing dates: 25 January 2021 Date of orders: 7 April 2021 Decision date: 07 April 2021 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member A Boxall, Senior Member Decision: (1) The appeal is dismissed. (2) If any party desires to make an application for costs of the appeal: (a) that party is to so inform the other parties 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: BUILDING AND CONSTRUCTION – contract – identity of parties – terms of contract – damages – betterment – apportionment – contribution between builders for cost of unpaid variations Legislation Cited: None cited Cases Cited: Bellgrove v Eldridge (1954) 90 CLR 613 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Texts Cited: None cited Category: Principal judgment Parties: Grandview Pty Ltd (First Appellant) Andrew Szatow (Second Appellant) Claire Bacon (First Respondent) Cheyne Graham Reading (Second Respondent) Representation: Counsel: I George (Appellants) T Davie (First Respondent) P Tiliakos (Second Respondent)