Nu-Stone Building Pty Ltd v McInerney [2022] NSWCATAP 285

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nu-Stone Building Pty Ltd v McInerney [2022] NSWCATAP 285 Hearing dates: 24 May 2022 Date of orders: 31 August 2022 Decision date: 31 August 2022 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member C Mulvey, Senior Member Decision: 1. The time for filing the notice of appeal in matter 2022/00053249 is extended to 23 February 2022. 2. On or before14 September each party is to provide to the Registry and the other party: (a) draft orders setting the orders they say the Tribunal should make based on the reasons for decision together with submissions supporting those orders; (b) the costs of the applications before the Tribunal; and (c) the costs of these appeals; 3. Each party may respond on or before 28 September 2022. 4. The submissions should address whether a hearing as to the final form of the Appeal Panel's orders and costs should be dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). 4. The stay of the Tribunal's orders of 19 January 2022 in matters HB 20/15757 and HB 20/36393 remain in place until final orders are published. Catchwords: BUILDING AND CONSTRUCTION – calculation of damages Legislation Cited: Nil Cases Cited: Collins v Urban [2014] NSWCATAP 17 Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64; [1991] HCA 54 Hyder Consulting (Australia) Pty Ltd v Wih Wihelmsen Agency Pty Ltd [2001] NSWCA 313 Kork v Merheb [2021] NSWCATAP 349 Leone v Green Solar Pty Ltd [2022] NSWCATAP 78 Mann v Patterson Constructions Pty Ltd (2010) 241 CLR 390; [2019] HCA 32 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Robinson v Harmin (1848) 1 Ex Rep 850 Texts Cited: Nil Category: Principal judgment Parties: Nu-stone Building Pty Ltd (Appellant) Garry McInerney (First Respondent) Gladys McInerney (Second Respondent) Representation: Counsel: M Klooster (Appellant) M Galvin (Respondents)