Homeark Constructions v Hillside Excavations [2014] NSWCATAP 77

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Homeark Constructions v Hillside Excavations [2014] NSWCATAP 77 Hearing dates: 14 October 2014 Decision date: 06 November 2014 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member C Paull, Senior Member Decision: The appellant has leave to appeal the decision of the Tribunal made 27 June 2014 in relation to whether or not the order made 6 May 2014 should be set aside or varied by reason of the fact that the Tribunal, in its decision of 6 May 2014 incorrectly allowed an amount of $18,000.00 rather than $21,850.00 as the total amount paid by the appellant pursuant to its contract with the respondent as found by the Tribunal The appeal in relation to the issue identified in order 1 is allowed; Order 1 of the Tribunal made 6 May 2014 is varied by substituting the amount of $16,210.00 for the amount of $20,060.00. Save as provided above, the appeal is dismissed. Catchwords: Set- aside application Explanation for non-attendance Non-compliance with directions Legislation Cited: Civil and Administrative Tribunal Act, 2013 Civil and Administrative Tribunal Regulation, 2013 Cases Cited: AHB v Trustee and Guardian [2014] NSWCA 40 Aon Risk Management Services Limited v Australian National University (2009) 235 CLR 175 CMT [2014] NSWCATGD 11 Texts Cited: Nil Category: Principal judgment Parties: Applicant: Homeark Constructions Pty Ltd Representation: Applicant: K Yau, Goodwyn Legal Respondents: G Viljoen, Viljoen Comino Solicitors File Number(s): AP 14/46476 previously AP 14/0298 Publication restriction: Unrestricted Decision under appeal Date of Decision: 2014-06-26 00:00:00 Before: P Smith, General Member File Number(s): HB 14/24035