Wagg v Farthing [2015] NSWCATAP 217

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wagg v Farthing [2015] NSWCATAP 217 Hearing dates: 20 May 2015 Date of orders: 06 October 2015 Decision date: 06 October 2015 Jurisdiction: Appeal Panel Before: O Shub, Principal Member K Rosser, Senior Member Decision: 1. Leave to appeal is refused 2. The appeal is otherwise dismissed. 3. Any application for costs of the appeal is to be filed and served within 14 days of the date of publication of these orders and is to be accompanied by a submission not exceeding three pages in length. 4. Any submission in response to an application for costs is to be filed and served within 14 days of the date of service of the application and is also not to exceed three pages in length. Catchwords: Appeal, Error of Law, Substantial Miscarriage of Justice, Against Weight of Evidence, Cost Plus Contract, Termination of Contract, Expert Evidence, Guillotine Order Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989Civil and Administrative Tribunal Rules 2014 Cases Cited: Boral Bricks Pty Ltd v Cosmidis; Boral Bricks Pty Ltd and BP Wiskich Pty Ltd [2013] NSW CA 443 Chappel v Hart (1998) 195 CLR 232 Collins v Urban [2014] NSWCATAP 17 Hodder Rook and Associates Pty Ltd v Genworth Financial Mortgage Insurance Pty Ltd [2011] NSWCA 279 Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd (2007) CLR 115 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 North Sydney Leagues Club Limited v Synergy Protection Agency Pty Limited. [2012] NSWCA 168 Texts Cited: Nil Category: Principal judgment Parties: Andrew Wagg and Marie Hackett, Appellants Dean Farthing, Respondent Representation: Counsel: B Pluznyk (Appellants) P Bambagiotti (Respondent)