Woodward v Warwick Green Building Pty Ltd [2021] NSWCATAP 210

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Woodward v Warwick Green Building Pty Ltd [2021] NSWCATAP 210 Hearing dates: 12 October 2020 Date of orders: 14 July 2021 Decision date: 14 July 2021 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member D Robertson, Senior Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. (3) The appellant is to pay the respondent's costs of the appeal as agreed or assessed. (4) If either party seeks a different costs order, order 3 above ceases to have effect and the following orders apply: (a) Any application for a different costs order, with evidence and submissions in support of the application is to be filed and served within 14 days of the date of these orders. (b) Any evidence and submissions in response to an application for a different costs order are to be filed and served within a further 14 days. (c) Any submissions filed in accordance with orders 4(a)) and 4(b) must address whether the question of costs can be determined on the papers and without a further hearing. Catchwords: BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW)­ – Contract not complying with the Home Building Act - Quantum meruit – Whether do-and-charge building contract an entire contract – Where owner had paid invoices issued by builder but failed to pay further invoices – Whether assessment of value of benefit received by owner should include work the subject of invoices which had been paid – Sufficiency of evidence - Whether builder had established the reasonable value of work performed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Civil and Administrative Rules 2014 (NSW) Cases Cited: Allesh v Maunz (2003) 203 CLR 172 Alexander v Gregorian [2010] NSWDC 15 Brenner v First Artists' Management Pty Ltd [1993] 2 VR 221 Collins v Urban [2014] NSWCATAP 17 Commissioner of Fire Brigades v Lavery [2003] NSWADTAP 60 County Securities Pty Ltd v Challenger Group Holdings Ltd [2008] NSWCA 193 David Securities Pty Ltd v Commonwealth Bank of Australia (1992) 175 CLR 353 Field v Dettman [2011] NSWDC 125 Field v Dettman (2013) NSWCA 147 Franklins Pty Ltd v Metcash Trading Ltd (2009) 76 NSWLR 603 Gallagher v Masters Installation Pty Ltd [2017] NSWCATAP 117 GEC Marconi Systems Pty Ltd v BHP Information Technology Pty Ltd (2003) 128 FCR 1 Lym International Pty Ltd v Marcolongo [2011] NSWCA 303 Mann v Patterson Constructions Pty Ltd [2019] HCA 32; 267 CLR 560 Masterglass Facades Pty Ltd v Pollack [2017] NSWCATCD 45 Masterton Homes Pty Ltd v Palm Assets Pty Ltd [2009] NSWCA 234 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Suecha Pty Ltd v VSD Glass & Timber Pty Ltd [2020] NSWCATAP 170 Tomko v Palasty [2007] NSWCA 258 Texts Cited: Brooking on Building Contracts, 4th ed Category: Principal judgment Parties: Leonie Woodward (Appellant) Warwick Green Building Pty Ltd (Respondent) Representation: Counsel: D Moujalli (Appellant) M McCall (Respondent)