Fantastic Cement Rendering Pty Ltd v Virtuoso Construction Services Pty Ltd [2022] NSWCATAP 237

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fantastic Cement Rendering Pty Ltd v Virtuoso Construction Services Pty Ltd [2022] NSWCATAP 237 Hearing dates: 20 June 2022 Date of orders: 19 July 2022 Decision date: 19 July 2022 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member D Goldstein, Senior Member Decision: 1. The name of the respondent is amended to "Virtuoso Construction Services Pty Ltd". 2. Appeal dismissed. 3. If any party desires to make an application for costs of the appeal different to the order foreshadowed in these reasons then: (a) the applicant for a different costs order is to lodge with the Appeal Panel and serve on the respondent to the costs application any written submissions of no more than five pages on or before 14 days from the date of these reasons; (b) the respondent to any costs application is to lodge with the Appeal Panel and serve on the applicant for costs any written submissions of no more than five pages on or before 28 days from the date of these reasons; (c) any reply submissions limited to three pages are to be lodged with the Appeal Panel and served on the other party within 35 days of the date of these reasons; (d) the parties are to indicate in their submissions whether they consent to an order dispensing with an oral hearing of the costs application, and if they do not consent, submissions of no more than one additional page as to why an oral hearing should be conducted rather than the application being determined on the papers. Catchwords: BUILDING AND CONSTRUCTION - quantum meruit - quantification – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Sch 4, cl 12(1)(c) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Browne v Dunne (1894) 6 R 67 (HL) Campbell v Campbell [2015] NSWSC 784 Curnow Consulting Pty Limited v JPD Media and Design Pty Ltd t/a Durie Design [2017] NSWSC 1171 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 LMA Contractors Limited v Changizi [2017] NSWCATAP 145 Texts Cited: Nil Category: Principal judgment Parties: Fantastic Cement Rendering Pty Ltd (Appellant) Virtuoso Construction Services Pty Ltd (Respondent) Representation: Counsel: M Walsh (Respondent)