D&R Constructions (Aust) Pty Ltd v Wesiak [2016] NSWCATAP 38

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: D&R Constructions (Aust) Pty Ltd v Wesiak [2016] NSWCATAP 38 Hearing dates: 16 December 2015, 18, 30 December 2015 and 2 February 2016 (written submissions) Date of orders: 12 February 2016 Decision date: 12 February 2016 Jurisdiction: Appeal Panel Before: Marks ADCJ, Principal Member D Goldstein, Senior Member Decision: The appeal is upheld The orders made in the decision under appeal are quashed The proceedings are remitted to the Senior Member for the purpose of determining consequential orders for the payment of compensation and costs consequent upon our determination that the appellant was entitled to terminate the building contract between the parties by way of notice given dated 20 October 2013 Catchwords: Building contract- Held letter that respondents were seeking alternative quotations to complete building works and to then terminate the contract constituted repudiation entitling the appellant builder to terminate the contract - Consequential orders made Legislation Cited: Civil and Administrative Tribunal Act, 2013, s80 Cases Cited: Laurinda Pty Ltd v Capalaba Park shopping Centre Pty Ltd (1988-1989) 166 CLR 623 Protector Glass Industries Pty Ltd v Southern Cross Autoglass Pty Ltd [2015] NSWCA 16 Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd [2007] HCA 61 Peter Turnbull & Co Pty Ltd v Mundus Trading Co (Australasia) Pty Ltd [1954] HCA 25 DTR Nominees Pty Ltd v Mona Homes Pty Ltd [1978] HCA 12 Category: Principal judgment Parties: D&R Constructions (Aust) Pty Ltd (Appellant) Leela and Bernard Wesniak (Respondents) Representation: Counsel: P J Bambagiotti (Appellant) T Davie (Respondents)