Nutek Constructions Pty Ltd v Slotwinski [2021] NSWSC 832

Supreme Court New South Wales

Medium Neutral Citation: Nutek Constructions Pty Ltd v Slotwinski [2021] NSWSC 832 Hearing dates: 7 July 2021 Date of orders: 23 July 2021 Decision date: 23 July 2021 Jurisdiction: Common Law Before: Davies J Decision: (1) In proceedings 2020/327546, leave to appeal is refused. (2) The summons in proceedings 2020/327546 is dismissed. (3) The plaintiff is to pay the costs of those proceedings. (4) In proceedings 2021/158356, leave to appeal is refused. (5) The summons in proceedings 2021/158356 is dismissed. (6) The plaintiff is to pay the costs of those proceedings. Catchwords: APPEALS – leave to appeal – from the Appeal Panel of the New South Wales Civil and Administrative Tribunal – where plaintiff alleged that Appeal Panel took wrong approach in assessing damages – where issue raised by plaintiff in Supreme Court not argued before the Tribunal at first instance or the Appeal Panel – where plaintiff bound by how it conducted its case at first instance and on appeal to the Appeal Panel – where even if damages methodology was incorrect it was the plaintiff who led the Appeal Panel into error – summons dismissed APPEALS – leave to appeal – whether plaintiff demonstrated anything more than error – no matter of principle – where two prior hearings and two appeals – no basis for leave demonstrated – leave to appeal refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) s 83 Home Building Act 1989 (NSW) s 48K Local Court Act 2007 (NSW) s 40 Cases Cited: Ackerman v Morgan [2019] NSWSC 1250 Ashi Pty Limited v Karasco Investments Pty Ltd [2009] NSWSC 780 Be Financial Pty Ltd v Das [2012] NSWCA 164 Chapmans Ltd v Yandell [1999] NSWCA 361 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390; [2010] HCA 32 Onik New Energy Australia Pty Limited v Henderson [2016] NSWSC 186 Pratten v Johns [2010] NSWSC 327 Slotwinski v Nutek Constructions Pty Ltd; Nutek Constructions Pty Ltd v Slotwinski [2019] NSWCATAP 158 Slotwinski v Nutek Constructions Pty Ltd [2020] NSWCATAP 216 Slotwinski v Nutek Constructions Pty Ltd [2021] NSWCATAP 113 Nutek Constructions Pty Ltd v Slotwinski [2021] NSWSC 274 Steak Plains Olive Farm Pty Ltd v Australian Executor Trustees Limited [2015] NSWSC 289 Stephen Kirkman v Commissioner Department of Corrective Services [2013] NSWSC 833 Texts Cited: Nil Category: Principal judgment Parties: Nutek Constructions Pty Ltd (Plaintiff) Julia Slotwinski (Defendant) Representation: Counsel: I Archibald (Plaintiff) In person (Defendant)