NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dick v Buildingwise Constructions Pty Ltd (No 2) [2023] NSWCATAP 292 Hearing dates: On the papers Date of orders: 2 November 2023 Decision date: 02 November 2023 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member P H Molony, Senior Member Decision: 1. In proceedings HB 21/50499, order (1) made on 29 March 2023 is set aside and in lieu thereof the appellants are to pay the respondent $50,196.32. 2. In relation to costs: (a) each party is to file and serve submissions on or before 16 November 2023, (b) the other party may respond on or before 28 November 2023. Catchwords: BUILDING AND CONSTRUCTION – quantification of a quantum meruit claim Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36(1) Home Building Act 1989 (NSW), s 48O Cases Cited: Boiwell Fibreglass Pty Ltd v Foley [1984] VR 97 Hoenig v lssacs [1952] 2 All ER 176 Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221 Steele v Tardini (1946) 72 CLR 386 Dick v Buildingwise Constructions Pty Ltd [2023] NSWCATAP 214 Texts Cited: None cited Category: Principal judgment Parties: First Appellant: Brian William Dick Second Appellant: Catherine Maree Dick Respondent: Buildingwise Construction Pty Ltd Representation: Counsel:
Appellants: A Justice Respondent: P Folino-Gallo
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