Palm Homes Pty Ltd v Kav’s Constructions Pty Ltd [2015] NSWCATAP 113

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Palm Homes Pty Ltd v Kav's Constructions Pty Ltd [2015] NSWCATAP 113 Hearing dates: 20 March 2015 Date of orders: 18 June 2015 Decision date: 18 June 2015 Jurisdiction: Appeal Panel Before: M Chesterman, Principal Member R Titterton, Senior Member Decision: Leave to appeal is granted in relation to the claim regarding the generator. In lieu of the orders of the Tribunal dismissing the application, order that the respondent pay the appellant the sum of $1,300. Otherwise dismiss the appeal The stay of the orders of 29 October 2014 is revoked. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL – leave to appeal Legislation Cited: Home Building Act 1989 Cases Cited: B P Exploration Co (Libya) Ltd v Hunt (No.2) [1979] 1 WLR 783 Coulton v Holcombe [1986] HCA 33 Drivas v Burrows [2014] NSWCATAP 87 Pavey & Matthews Pty Ltd v Paul Category: Principal judgment Parties: Palm Homes Pty Ltd (Appellant) Kav's Constructions Pty Ltd (Respondent) Representation: Counsel:

Solicitors:

Mr Johnson (Appellant) File Number(s): AP 14/51901 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 29 October 2014 Before: B Howe File Number(s): HB14/30844