Salakis v Silvabuilt Pty Ltd; Silvabuilt Pty Ltd v Salakis [2022] NSWCATAP 40

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Salakis v Silvabuilt Pty Ltd; Silvabuilt Pty Ltd v Salakis [2022] NSWCATAP 40 Hearing dates: 19 April and 29 July 2021 Date of orders: 15 February 2022 Decision date: 15 February 2022 Jurisdiction: Appeal Panel Before: The Hon F Marks, Principal Member D Robertson, Senior Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. (3) Within 14 days of the date of publication of this Decision either party may file submissions or further submissions concerning appeal 2021/00056103 or seeking an order in relation to the costs of appeal 2020/00371175. (4) If a party files submissions pursuant to Order 3 the other party may within a further 14 days file submissions in response. (5) Any party seeking an oral hearing either in relation to appeal 2021/0056103 or in relation to the costs of appeal 2020/00371175 shall include in submissions filed in accordance with orders 3 and/or 4 an outline of why they submit that such a hearing is necessary. Catchwords: BUILDING AND CONSTRUCTION – Contract – Termination – Repudiation – Whether dispute resolution clause excluded possibility of acceptance of repudiation if requirements not complied with BUILDING AND CONSTRUCTION – Contract – Damages – Damages for loss of profits assessed by reference to contractual clause governing payment in the event of reduction in the scope of work – Whether party seeking damages had led sufficient evidence to establish loss of profits - Whether such evidence is necessary where damages are assessed on the basis of a contractual clause Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64; [1991] HCA 54 Dimitropoulos v Capital Constructions Pty Ltd; Capital Constructions Pty Ltd v Dimitropoulos [2018] NSWCATAP 100 DTR Nominees Pty Ltd v Mona Homes Pty Ltd (1978) 138 CLR 423 H Build Pty Ltd v Nixon [2018] NSWCATCD 20 M & M Building Pty Ltd v Keith [2017] NSWCATAP 88 Mann v Paterson Constructions Pty Ltd [2019] HCA 32; 267 CLR 560 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Robinson v Harman (1848) 1 Exch 850; 154 ER 363 Ryder v Frohlich [2004] NSWCA 472 TCN Channel 9 Pty Ltd v Hayden Enterprises Pty Ltd (1989) 16 NSWLR 130 Category: Principal judgment Parties: Bill Patselis and Vicky Salakis (Appellants in 2020/00371175, Respondents in 2021/00056103)