Alta Building and Developments Pty Ltd v McAllery [2015] NSWCATAP 14

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Alta Building and Developments Pty Ltd v McAllery [2015] NSWCATAP 14 Hearing dates: 17 October 2014 Date of orders: 04 February 2015 Decision date: 04 February 2015 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President R Deutsch, Senior Member Decision: 1. Appeal allowed. 2. Order 1 made by the Tribunal on 24 June 2014 is set aside and in its place the order below is made. 3. Alta Building and Developments Pty Ltd must pay the sum of $ 62,825.31 to Brendan Joy McAllery and Tracy Catherine McAllery within 21 days of the date of this order. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL – question of law – implied terms – leave to appeal Cases Cited: CBA v Barker [2014] HCA 32 Collins v Urban [2014] NSWCATAP 17 Onesteel Manufacturing Pty Ltd v United KG Pty Ltd [2006] SASC 119 Category: Principal judgment Parties: Alta Building and Developments Pty Ltd (Appellant) Brendan McAllery (Respondent) Catherine McAllery (Respondent) Representation: Counsel: J Clifton (Respondent) Solicitors: Rexslaw Lawyers (Respondent) Appellant in person File Number(s): AP 14/46468 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Consumer and Commercial Division Jurisdiction: Consumer and Commercial File Number(s): HB 11/04507

REASONS FOR DECISION