Antworks Pty Ltd and Brendon Chhong Lee v Shixin (Cindy) Lee [2015] NSWCATAP 53

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Antworks Pty Ltd and Brendon Chhong Lee v Shixin (Cindy) Lee [2015] NSWCATAP 53 Hearing dates: 26 November 2014 and 8 December 2014 Decision date: 30 March 2015 Jurisdiction: Appeal Panel Before: S Westgarth. Deputy President P H Molony. Senior Member Decision: Appeal allowed.

The decision of the Tribunal made on 13 May 2014 on file numbers HB13/11440 and HB13/29435 is quashed.

The applications on file numbers HB13/11440 and HB13/29435 are remitted for reconsideration in full by a differently constituted tribunal, with further evidence allowed. Catchwords: Appeal – home building – order made against director of building company who was not a party to contract - no lawful basis for order – failure by tribunal to consider whether unpaid monies due under contract should be set off against claim for incomplete/defective works – quantum meruit claim for residential building works assessed with regard to costs of materials only – failure to consider costs of labour and allowance for builders margin – Appeal allowed. Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Edwards v Sydney Building Group Pty Ltd [2011] NSWCA 154 Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221; [1987] HCA 5 Category: Principal judgment Parties: Appellants – Antworks Pty Ltd and Brendon Chhong Lee Respondent - Shixin (Cindy) Lee Representation: Counsel: Appellants - Mr Darvall (with leave) Respondent – in person File Number(s): AP 14/46391 (was AP14/0213) Publication restriction: NIL Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 13 May 2014 Before: HB 13/11440 and HB 13/29435 File Number(s): HB 13/11440 and HB 13/29435