Lotus Constructions Pty Ltd v. Staunton [2015] NSWCATAP 154

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lotus Constructions Pty Ltd v. Staunton [2015] NSWCATAP 154 Hearing dates: 23 April 2015 Date of orders: 29 July 2015 Decision date: 29 July 2015 Jurisdiction: Appeal Panel Before: S. Westgarth, Deputy President P.M. Wass SC, Senior Member Decision: (1) On grounds 1 and 2 the appeal is allowed. (2) The order of the Tribunal made on 2 April 2014 is set aside. (3) On grounds 4 and 5, leave to appeal is refused. (4) On grounds 3, 4 and 5, the appeal is otherwise dismissed. (5) The proceedings are remitted to the Tribunal for a hearing according to law in respect of the calculation of quantum due by the appellant to the respondent as a consequence of the appellant not having performed all of the work the subject of the consent order made on 17 October 2013 in proceedings HB 13/17764. Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) – home building – failure to afford procedural fairness – expert evidence – appeal allowed – costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Annetts v McCann [1990] HCA 57; (1990) 170 CLR 596 at 598; 97 ALR 177; (1990) 65 ALJR 167; 21 ALD 651 Mraz v. The Queen [1955] HCA 59; (1955) 93 CLR 493 Collins v. Urban [2014] NSWCATAP Kioa and Ors v West [1985] HCA 81; (1985) 159 CLR 550 at 585 and at 612-615; (1985) 62 ALR 321; (1986) 60 ALJR 113; 9 ALN N28. Category: Principal judgment Parties: Lotus Constructions – Appellant Mark and Bernadette Staunton – Respondents Representation: Counsel: Not applicable