Dick v Buildingwise Constructions Pty Ltd [2023] NSWCATAP 214

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dick v Buildingwise Constructions Pty Ltd [2023] NSWCATAP 214 Hearing dates: 3 July 2023 Date of orders: 4 August 2023 Decision date: 04 August 2023 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member P H Molony, Senior Member Decision: (1) Save for Appeal Ground 4.2, the appeal is dismissed. (2) On or before 21 August 2023, the appellants are to file and serve submissions as to: (a) whether the matters the subject of Ground 4.2 should be re-considered by the Appeal Panel or the Tribunal and the reasons why; (b) if the matters the subject of Ground 4.2 are to be re-considered by the Appeal Panel, that is that the Appeal Panel calculate the costs of Pool 1 on a quantum meruit basis, submissions: (i) quantifying the amount of the quantum meruit and the reasons in support. These submissions must include references to the evidence before the Tribunal; and (ii) proposed final orders of the Appeal Panel in substitution for the decision of the Tribunal of 29 March 2023. (3) On or before 31 August 2023 the respondent is to file and serve submissions in response. (4) On or before 5 September 2023, the applicants are to file serve submissions in reply. (5) Costs are reserved. Catchwords: APPEALS – appeals from interlocutory decisions – leave required - appeals on questions of law – appeals where leave required – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80; cl 12 of Sch 4 Cases Cited: Carolan v Haghparast [2023] NSWCATAP Collins v Urban [2014] NSWCATAP 17 Morgan Equipment Co v UMW Corp SDN BHd [2002] NSWCA 193 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 25 NSW Land and Housing Corporation v Orr [2019] NSWCA 231 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Tourism Integration Ltd t/as Jettzy v Hui [2023] NSWCATAP 146 Texts Cited: Nil Category: Principal judgment Parties: Brian William Dick (First Appellant) Catherine Maree Dick (Second Appellant) Buildingwise Construction Pty Ltd (Respondent) Representation: Counsel: A Justice (Appellants) P Folino-Gallo (Respondent)