Anel Kurtovic v Irfan Durmo [2015] NSWCATAP 73

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Anel Kurtovic v Irfan Durmo [2015] NSWCATAP 73 Hearing dates: 17 March 2015 Date of orders: 05 May 2015 Decision date: 05 May 2015 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member R Titterton, Senior Member Decision: 1. The appeal is allowed; 2. The orders made by the Tribunal below requiring that the Appellant pay the Respondent the sum of $34,129.24 be set aside; 3. In substitution for the order made by the Tribunal below order that the Appellant pay the Respondent the sum of $27,134.00 and such further damages, if any, as may be determined by the Tribunal below as a result of its reconsideration of the issues concerning quantum of damages referred to in (4) below; 4. The following parts of the Respondent's case in respect of the quantum of his damages be reconsidered by the Tribunal constituted by the member who made the decision below: (a) whether the items described as extra charges in the invoice from Kadric Building Services dated 23 December 2013 is part of the damages recoverable by the Appellant; (b) whether the payments in paragraph 6x, xi, xii, xiii and xiv of the reasons below were paid by the Appellant at the request of the Respondent in part payment of the fixed price component of the contracted works. Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) – home building dispute – new point on appeal not permitted – absence of reasons in limited respects – damages award adjusted – some aspects of damages to be reconsidered. Legislation Cited: Home Building Act 1989 Civil and Administrative Tribunal Act Cases Cited: Campbelltown City Council v Vegan (2006) 67 NSWLR 372 Collins v Urban [2014] NSWCATAP 17 Hudson v Arp 1 (NSW) Pty Ltd [2014] NSWCATAP 61 Drivas v Burrows [2014] NSWCATAP 87 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418 Category: Principal judgment Parties: Anel Kurtovic (Appellant) Irfan Durmo (Respondent) Representation: Both Appellant and Respondent appeared in person File Number(s): AP 14/56267 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 28 October 2014 Before: T Simon, Senior Member File Number(s): HB 14/01017