GMK Developing Services Pty Ltd v Curcio [2015] NSWCATAP 115

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GMK Developing Services Pty Ltd v Curcio [2015] NSWCATAP 115 Hearing dates: 20 March 2015 Date of orders: 18 June 2015 Decision date: 18 June 2015 Jurisdiction: Appeal Panel Before: Mr M Chesterman, Principal Member Mr R Titterton, Senior Member Decision: Leave to appeal refused. Appeal dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Pholi v Wearne [2014] NSWCATAP 78 Category: Principal judgment Parties: GMK Developing Services Pty Ltd (Appellant) Mr Francesco Curcio and Mrs Leah Curcio (Respondents) Representation: Mr G Sussman, director of the Appellant, for the Appellant

Mr F Curcio for the Respondents File Number(s): AP 14 /54044 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 7 October 2014 Before: J Bordon, Senior Member File Number(s): HB 13/45042, HB 13/48456

REASONS for decision 1. In this matter the appellant GMK Developing Services Pty seeks leave to appeal from a decision of the Consumer and Commercial Division of the Tribunal (the Tribunal) of 7 October 2014. The Tribunal ordered the appellant, a builder (and to which we will refer to as "the builder" in these reasons), to pay the respondents, Mr and Mrs Curcio (to whom we will refer as the homeowners), the sum of $5,086,00. 2. For the reasons that follow we consider that leave to appeal should be refused and the appeal otherwise dismissed.