Gittany v Kesuma [2021] NSWCATAP 264

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gittany v Kesuma [2021] NSWCATAP 264 Hearing dates: 19 July 2021 Date of orders: 10 September 2021 Decision date: 10 September 2021 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member M Gracie, Senior Member Decision: (1) The order made in HB 20/39162 on 15 April 2021 is varied to read: "Joe Gittany must pay Edy Kesuma the sum of $88,236.77 immediately". (2) The stay ordered on 2 June 2021 is lifted. (3) Leave to appeal is refused. (4) The appeal is otherwise dismissed. (5) Any application for costs is to be provided to the Appeal Panel and the other party, supported by submissions, within 14 days of the date of publication of these orders. (6) Any submissions in response to the costs application are to be provided to the Appeal Panel and to the other party within 28 days of the date of publication of these orders. (7) Any submissions in reply are to be provided to the Appeal Panel and the other party within 35 days of the date of publication of these orders. (8) Costs submissions are not to exceed five pages in length and must address whether the party agrees to costs being determined without a hearing on the basis of the submissions provided. Catchwords: APPEAL — NCAT— appeal from decision of Consumer and Commercial Division - appellant failed to comply with work order - application by respondent to renew proceedings to claim a money order - at the date of the hearing for the money order the property the subject of the work order had been sold - Money order made - proper approach to allowing rectification damages after sale of property - appellant claimed renewal application misconceived as no loss suffered - alleged abuse of process - alleged denial of procedural fairness Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Allianz v Waterbrook [2009] NSWCA 224 Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Blessed Sydney Constructions Pty Ltd v Vasudevan [2018] NSWCATAP 98 C&E Critharis Constructions Pty Ltd v Cubic Metre Pty Ltd [2020] NSWCA 348 Collins v Urban [2014] NSWCATAP 17 Cubic Metre Pty Ltd v C&E Critharis Constructions Pty Ltd [2020] NSWSC 479 Federal Commission of Taxation v Trail Brothers Steel & Plastics Pty Ltd [2010] FCAFC 94; (2010) 186 FCR 410 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32; (2010) 241 CLR 390 Modaressi v Aarf [2020] NSWSC 1627 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Westpoint Management Ltd v Chocolate Factory Apartments Ltd; Chocolate Factory Apartments v Westpoint Finance & Ors [2007] NSWCA 253 Texts Cited: None cited Category: Principal judgment Parties: Joe Gittany (Appellant) Edy Kesuma (Respondent) Representation: Solicitors: Bannermans Lawyers (Appellant) Respondent (Self Represented) File Number(s): 2021/00124926 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 15 April 2021 Before: D Goldstein, Senior Member File Number(s): HB 20/39162