Patel v Redmyre Group Limited [2021] NSWCATAP 132

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Patel v Redmyre Group Limited [2021] NSWCATAP 132 Hearing dates: 19 April 2021 Date of orders: 14 May 2021 Decision date: 14 May 2021 Jurisdiction: Appeal Panel Before: The Hon F Marks Principal Member D Robertson Senior Member Decision: (1) The appeal is dismissed (2) The appellants are to pay the costs of the respondent assessed in default of agreement Catchwords: APPEAL – building and construction – finding that appellant owners had failed to prove that the respondent builder failed to diligently proceed with the works – whether owners validly terminated the contract – whether contract repudiated by owners-held owners not entitled to recover damages for breach of contract-entitlement of builder to recover costs of additional works on basis of quantum meruit – appeal dismissed with costs. CIVIL PROCEDURE – application to refer question of law to Supreme Court of NSW – application made on basis of factual assumption not established in the proceedings – application refused Legislation Cited: Home Building Act 1989 (NSW) s18B,18BA,18G Civil and Administrative Tribunal Act 2013 (NSW) s54 Cases Cited: Hometeam Constructions Pty Ltd v McCauley [2005] NSWCA 303 DCT Projects Pty Limited v Champion Homes Sales Pty Limited [2016] NSW CA 117 Shepherd v Felt & Textiles of Australia Ltd (1931) 45 CLR 359; [1931] HCA 21 Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWSC 1302. Vasco Investments v Morgan Stanley Australia Ltd [2014] VSC 455 Built Interiors Pty Ltd v 3 Dinosaurs Pty Ltd & Anor [2003] NSWCA 290. Update Constructions Pty Ltd v Rozelle Child Care Centre Ltd (1990) 20 NSWLR 251 Trimis & v Mina [1999] NSWCA 140 Milner v Commissioner of Police, NSW Police Force [2017] NSWCATOD 37 Texts Cited: None cited Category: Principal judgment Parties: Nandini Patel, Harsh Jain and Jainco Services Pty Ltd (Appellants) Redmyre Group Pty Ltd (Respondent) Representation: Counsel: T Davie (Appellants) J P Nathan (Respondents)