Knobloch v Curtis; Curtis v Knobloch [2022] NSWCATAP 140

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Knobloch v Curtis; Curtis v Knobloch [2022] NSWCATAP 140 Hearing dates: 23 August 2021 Date of orders: 03 May 2022 Decision date: 03 May 2022 Jurisdiction: Appeal Panel Before: L Wilson, Senior Member S Goodman, Senior Member Decision: In 2021/00155240: 1. Leave to appeal is refused. 2. The appeal is dismissed. In 2021/00163674: 3. The appeal is dismissed because it is withdrawn. Costs: 4. If the owners wish to apply for their costs of these appeal proceedings they may make a cost application by 18 May 2022. 5. If the owners make a cost application the builder may provide submissions on costs by 1 June 2022. 6. All parties must include in any submissions a statement of their attitude to the Appeal Panel dispensing with a hearing on the question of costs, and deciding the question on the papers. Catchwords: BUILDING AND CONSTRUCTION – Contract Interpretation – Question of law – Right to suspend for non-payment progress payment - No error of law Appeal – Adequacy of reasons Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Aavelaid v J.A. Hayek t/as Laing & Simmons [2015] NSWCATAP 130 Aon Risk Services Australia Limited v Australian National University [2009] HCA 27, [2009] 239 CLR 175 Champion Homes Sales Pty Ltd v Bailey [2018] NSWCATAP 212 Cominos v Di Rico [2016] NSWCATAP 5 John McDonald Building Services Pty Ltd v Gusa [2022] NSWCATAP 60 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Kostos v Vellios [2019] NSWCATAP 13 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Wesiak v D&R Constructions Pty Ltd [2015] NSWCA 353 Category: Principal judgment Parties: 2021/00155240: Ronald Knobloch (Appellant) Christopher Curtis (First Respondent) Susanna Ford ( Second Respondent)