Brennan v Building Zone Constructions Pty Ltd [2022] NSWCATAP 96

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Brennan v Building Zone Constructions Pty Ltd [2022] NSWCATAP 96 Hearing dates: 28 March 2022 Date of orders: 31 March 2022 Decision date: 31 March 2022 Jurisdiction: Appeal Panel Before: G Ellis SC, Senior Member P Molony, Senior Member Decision: 1. Leave to appeal is granted. 2. The appeal is allowed. 3. Order 2, made by the Tribunal on 22 December 2021 in matter HB 21/07056, is set aside. 4. The matter is remitted to the Consumer and Commercial Division of the Tribunal for determination by another member, confined to the issue of quantum in relation to the respondent's quantum meruit claim. 5. The respondent is to pay the appellants costs of the appeal. 6. If any party wishes to contend that a different order should be made in relation to the costs of the appeal then: (a) Order 5. shall no longer apply. (b) Any submissions in support of that different order are to be provided, to the other party and the Tribunal, within two (2) weeks of the date of these orders. (c) Any submissions in reply are to be provided, to the other party and the Tribunal, within two (2) weeks thereafter. (d) The parties are to indicate in any such submissions whether they agree that costs should be determined on the papers, ie without a further hearing. Catchwords: APPEAL – Failure to consider evidence of one party on the issue of quantum – Decision not fair and equitable Legislation Cited: Civil and Administrative Rules 2014 Civil and Administrative Tribunal Act 2013 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305 Mann v Paterson Constructions Pty Ltd [2019] HCA 32 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWVATAP 39 Category: Principal judgment Parties: Gabrielle Brennan and Garin Clarke - Appellants Building Zone Constructions Pty Ltd - Respondent Representation: Colin Biggers & Paisley (Appellant) Mr D Murray (Respondent) File Number(s): 2022/0016187 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 22 December 2021 Before: R Notley, Senior Member File Number(s): HB 21/07056