DSJ Carpentry & Construction Pty Ltd v Trajcevski [2023] NSWCATAP 174

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DSJ Carpentry & Construction Pty Ltd v Trajcevski [2023] NSWCATAP 174 Hearing dates: 13 June 2023 Date of orders: 30 June 2023 Decision date: 30 June 2023 Jurisdiction: Appeal Panel Before: G Ellis SC, Senior Member P Molony, Senior Member Decision: (1) Leave to appeal is refused. (2) The first instance decision is confirmed. (3) Order 1 made on 9 March 2023 is set aside to facilitate its variation. (4) Mendo Trajcevski is entitled to be paid $75,612.35 immediately. (5) That amount is to be paid either wholly by DSJ Carpentry & Construction P/L, or wholly by Toni Maroun Youssef, or partly by each of them. (6) Otherwise, the appeal is dismissed. (7) The appellants are to pay the costs of the respondent, on the ordinary basis, as agreed or assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). (8) If either party wishes to contend that a different costs order should be made, order 7 ceases to have effect and the following orders apply: (a) Any application for a different costs order is to be filed and served, supported by submissions (not exceeding five pages in length) and evidence within 14 days of the date of these orders. (b) Any submissions (not exceeding five pages in length) and evidence in response are to be file and served with the following 14 days. (c) Any submissions in reply (not exceeding two pages in length) re to be filed and served within the following 7 days. (d) Each party's submissions should indicate whether they agree that costs should be determined on the papers, i.e. without the need for a further hearing, under s 50(1) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: CONTRACTS – Parties – name of company and licence number of individual on quotation - decision that both were parties to the contract affirmed APPEALS – Procedural fairness – failure to give reasons – adequacy of reasons APPEALS – Orders – Variation to remove potential ambiguity Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) - ss 36, 50, 60, 80, 81, Sch 4 cl 12(1) Civil and Administrative Tribunal Rules 2014 (NSW) – rr 25, 38, 38A Home Building Act 1989 (NSW) – ss 18B, 48MA Cases Cited: Ashby v Slipper [2014] FCAFC 15 Collins v Urban [2014] NSWCATAP 17 Commissioner of Police (NSW Police Force) v Adam [2022] NSWSC 789 House v The King [1936] HCA 40; 55 CLR 499 Jain v Dr N Kalokerinos [2023] NSWCATAP 141 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Pethybridge v Stedikas Holdings Pty Ltd [2007] NSWCA 154 Resilient Investment Group Pty Ltd v Barnet and Hodgkinson as liquidators of Spitfire Corporation Limited (in liq) [2023] NSWCA 118 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Ryledar Pty Ltd & Anor v Euphoric Pty Ltd [2007] NSWCA 65 Suttor v Gundowda Pty Ltd [1950] HCA 35 The University of Wollongong v Metwally [1985] HCA 28 Water Board v Moustakas [1982] HCA 12 Texts Cited: None cited Category: Principal judgment Parties: DSJ Carpentry & Construction Pty Ltd (First Appellant) Toni Maroun Youssef (Second Appellant) Mendo Trajcevski (Respondent) Representation: Counsel: J Young (Appellants) B Ilovski (Respondent)