Burns v Hogg Constructions Pty Ltd [2021] NSWCATAP 417

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Burns v Hogg Constructions Pty Ltd [2021] NSWCATAP 417 Hearing dates: 22 July 2021 Date of orders: 23 December 2021 Decision date: 23 December 2021 Jurisdiction: Appeal Panel Before: S Thode, Senior Member D Robertson, Senior Member Decision: (1) Application for leave to appeal refused. (2) Appeal dismissed. (3) Unless either party files further submissions in accordance with Order 4 the appellant is to pay the respondent's costs of the appeal as agreed or assessed. (4) Within 14 days of the date of publication of this Decision either party may file submissions seeking a different order in relation to the costs of the appeal. (5) If a party files submissions pursuant to Order 4 the other party may within a further 14 days file submissions in response. (6) Any submissions filed in accordance with Orders 4 and 5 shall address the question whether the issue of costs can be determined on the basis of the written submissions and without a further hearing. Catchwords: BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – Cost plus contract – repudiation by owner – measure of damages Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules (2014) (NSW) Home Building Act 1989 (NSW) Cases Cited: Allen v Wallace [2019] NSWCATAP 58 Alta Building & Developments Pty Ltd v McAllery [2015] NSWCATAP 14 Collins v Urban [2014] NSWCATAP 17 Hume Steel Ltd v Attorney General (Vic) (1927) 39 CLR 455 McAllery v Alta Building & Developments Pty Ltd [2014] NSWCATCD 106 One Steel Manufacturing Pty Ltd v United KG Pty Ltd [2006] SASC 119 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Robinson v Harman (1848) 1 Exch 850; 154 ER 363 Texts Cited: Lewison, The Interpretation of Contracts in Australia (2012) Category: Principal judgment Parties: Brian Burns (Appellant) Hogg Constructions Pty Ltd (Respondent) Representation: Counsel: J Gooley (Appellant) D Hand (Respondent)