Seraglio v Le Sommet Pty Ltd [2021] NSWCATAP 150

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Seraglio v Le Sommet Pty Ltd [2021] NSWCATAP 150 Hearing dates: 13 May 2021 Date of orders: 26 May 2021 Decision date: 26 May 2021 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member D Charles, Senior Member Decision: Appeal dismissed. Catchwords: BUILDING AND CONSTRUCTION – contract – written term that any variations to the contract were to be in writing – alleged oral variation – Tribunal not persuaded oral variation occurred - finding of fact not glaringly improbable, contrary to incontrovertible facts or compelling inferences APPEALS - procedural fairness - failure to give reasons - adequacy of reasons – minimum acceptable standard – standard met Legislation Cited: Nil Cases Cited: Cypressvale Pty Ltd v Retail Shop Leases Tribunal [1996] 2 Qd R 462 at 477; [1995] QCA 187 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 New South Wales Land and Housing Corporation v Orr (2019) 100 NSWLR 578; [2019] NSWCA 231 Nguyen v Cosmopolitan Homes [2008] NSWCA 246 Toll FCGT Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165; [2004] HCA 52 Texts Cited: Halsbury's Laws of Australia, online edition, [09-010] Category: Principal judgment Parties: Jacqueline Seraglio (Appellant) Le Sommet Pty Ltd (Respondent) Representation: Appellant (Self-Represented) A Whitbread (Agent)(Respondent) File Number(s): 2021/00075263 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 22 February 2021 Before: S Sutherland, General Member File Number(s): HB 20/46549