Benjamin v Geneville Constructions Pty Ltd; Geneville Constructions Pty Ltd v Benjamin [2021] NSWCATAP 138

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Benjamin v Geneville Constructions Pty Ltd; Geneville Constructions Pty Ltd v Benjamin [2021] NSWCATAP 138 Hearing dates: 7 September 2020 Date of orders: 18 May 2021 Decision date: 18 May 2021 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member G K Burton SC, Senior Member Decision: (1) Time for filing the appeal in AP 20/22780, if such extension is required, is extended to and including 25 May 2020. (2) Time for filing the appeal in AP 20/24046 is extended to and including 2 June 2020. (3) To the extent necessary, the grant of leave to both parties to be legally represented is extended to AP 20/24046. (4) The appeal in HB 20/22780 is dismissed. (5) The appeal in HB 20/24046 is allowed. (6) Pursuant to order 5, vary the first order made 27 April 2020 so that it reads "In application HB 19/18891 Edmund Benjamin and Sarah Benjamin are to pay Geneville Constructions PL $137,114.65 within 28 days after date of orders in AP 20/22780". (7) Edmund Benjamin and Sarah Benjamin are to pay Geneville Construction PL's costs of appeal proceedings AP 20/22780 and AP 20/24046 on the ordinary basis as agreed or assessed, subject to any application for an alternative costs order. (8) Any application for an alternative costs order, together with evidence and submissions in support of the application, is to be filed and served within 14 days of the date of these orders. (9) Any evidence and submissions in response to an application for an alternative costs order is to be filed and served within 14 days thereafter. Catchwords: Home building - pre-contractual work - scope of contract compensation mechanism on termination for unforeseen conditions - whether residential building work Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Act (NSW) Home Building Act 1989 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Grygiel v Baine [2005] NSWCA 218 Pavey & Matthews PL v Paul (1987) 162 CLR 221, [1987] HCA 5 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Syed Ahmad Shoaib Ali PL v Jandson PL [2018] NSWCATAP 228 Texts Cited: None cited Category: Principal judgment Parties: In 2020/00370797: Edmund Benjamin (First Appellant) Sarah Benjamin (Second Appellant) Geneville Constructions Pty Ltd (Respondent)