Treadgold-Svir v Dynamik Constructions Pty Ltd [2023] NSWCATAP 216

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Treadgold-Svir v Dynamik Constructions Pty Ltd [2023] NSWCATAP 216 Hearing dates: 3 July 2023 Date of orders: 4 August 2023 Decision date: 04 August 2023 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President A Lo Surdo SC, Senior Member Decision: (1) The time to lodge the Notice of Appeal is extended to 2 May 2023. (2) Leave to appeal is granted and the appeal is allowed concerning repairs to the garage (part of Item 8 – Consequential damage from previous damage not rectified) and the amount of the award made by the Tribunal on 3 April 2023 is increased by an amount of $182.83. (3) Order 1 made 3 April 2023 is varied to $48,780.29. (4) Save as provided above, leave to appeal is refused and the appeal is dismissed. (5) The following directions are made in relation to costs: a) Within 14 days from the date of these reasons, any applicant for costs (costs applicant) is to file and serve any evidence and submissions in support of the application (costs application). b) Within 28 days from the date of these reasons, any respondent to the costs application is to file and serve any evidence and submissions in response. c) Within 35 days from the date of these reasons, the costs applicant is to file and serve any submissions in support in reply. d) The submissions of the parties are to include submissions as to whether an order should be made dispensing with the hearing as to costs pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: BUILDING AND CONSTRUCTION – contract not in writing – dispute concerning scope of work – admissibility of evidence – need to prove loss or damage arises from conduct of builder and reasonable cost of making good such loss or damage CONTRACTS – Construction and interpretation –oral contract – dispute concerning scope of work – admissibility of post contractual evidence DAMAGES – consequential loss – remoteness of damage – loss of rental income not recoverable as too remote DAMAGES – interest on damages – no entitlement where no contractual provision, s 100 of the Civil Procedure Act 2005 (NSW) does not apply and Hungerfords v Walker type damages not proved Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Civil Procedure Act 2005 (NSW) Home Building Act 1989 (NSW) Cases Cited: Al-Daouk v Mr Pine t/a Furnco Bankstown [2015] NSWCATAP 111 BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266; (1977); 52 ALJR 20; [1977] HCA 40 Brambles Holdings Limited v Bathurst City Council 53 NSWLR 153; [2001] NSWCA 61 Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337; [1982] HCA 24 Collins v Urban [2014] NCWCATAP 17 Forster v Hunter New England Area Health Service [2010] NSWCA 106 Hungerfords v Walker (1989) 171 CLR 125; [1989] HCA 8 Khan v Kang [2014] NSWCATAP 48 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA Mushroom Composters v IS & DE Robertson Family Trust [2014] NSWSC 164 Texts Cited: Nil Category: Principal judgment Parties: Nadia Treadgold-Svir (Appellant)