Bonnici v Signature Plumbing and Excavating Pty Ltd [2021] NSWCATAP 133

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bonnici v Signature Plumbing and Excavating Pty Ltd [2021] NSWCATAP 133 Hearing dates: 6 May 2021 Date of orders: 14 May 2021 Decision date: 14 May 2021 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member D Goldstein, Senior Member Decision: Appeal dismissed Catchwords: BUILDING AND CONSTRUCTION – contract – assignment – termination – rights accruing before termination date – accrued rights survive termination – onus of proof – appellant failed to discharge onus of proof that work requested or done after termination date Legislation Cited: None cited Cases Cited: McDonald v Dennys Lascelles Ltd (1933) 48 CLR 457; [1933] HCA 25 Texts Cited: Carter, Peden & Tolhurst, Contract Law in Australia, LexisNexis Butterworths, 5th edition, 2007, [17.37] Halsbury's Laws of Australia, online edition, [65-1805], [110-11550] Category: Principal judgment Parties: Martin Bonnici (Appellant) Signature Plumbing and Excavating Pty Ltd (First Respondent) MCN Constructions Pty Ltd (Second Respondent) Representation: Appellant (Self Represented) A Bitic (First Respondent) Second Respondent (No Appearance) File Number(s): 2021/00056115 (AP 21/07769) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 21 January 2021 Before: G K Burton SC, Senior Member File Number(s): HB 20/36542