ACT Builders Pty Ltd v Haridemos [2015] NSWCATAP 256

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ACT Builders Pty Ltd v Haridemos [2015] NSWCATAP 256 Hearing dates: 26 June 2015 Date of orders: 30 November 2015 Decision date: 30 November 2015 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member S Thode, Senior Member Decision: (1) The time to lodge the appeal is extended to 6 February 2015;

(2) Leave to appeal is refused;

(3) The appeal is otherwise dismissed;

(4) Any application for costs is to be filed and served within 14 days from the date of these orders. Any application is to include written submissions and any other material to be relied upon in support of the application;

(5) The party against whom any application for costs is made must file and serve any submissions and material in reply within 21 days from the date of these orders;

(6) The applicant for costs is to file any submissions in reply within 28 days from the date of these orders; and

(7) The submissions by the parties are also to address the question of whether or not any application for costs should be dealt with on the papers and whether the Tribunal should make an order to allow this to occur. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL- Appeal Civil and Administrative Tribunal (NSW) – whether grounds raise questions of law - s80, cl12 of schedule 4, whether decision fair and equitable – whether decision against the weight of the evidence – discretion to grant leave not enlivened – leave application refused Denial of fairness- evidence provided in re-examination Measure of damages- rectification of work not in accordance with contract Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Bellgrove v Eldridge (1954) 90 CLR 613 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: ACT Builders Pty Ltd (Appellant) Haridemos (Respondent) Representation: Counsel: Mr M. Walsh (appellant) Mr D Mujalli (respondent)