Phan Building Services Pty Ltd v Dang [2016] NSWCATAP 51

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Phan Building Services Pty Ltd v Dang [2016] NSWCATAP 51 Hearing dates: 6 November 2015 Date of orders: 23 February 2016 Decision date: 23 February 2016 Jurisdiction: Appeal Panel Before: Cowdroy ADCJ, Principal Member K Rosser, Senior Member Decision: 1. Leave to appeal is refused and the appeal is dismissed, both in respect of the principal decision and the costs decision.

2. Should either party seek costs of the appeal, an application and supporting submissions are to be filed within 14 days of the publication of this decision; any submissions in reply are to be filed within 14 days thereafter and, subject to the parties' submissions, the costs decision will be made on the papers. Catchwords: APPEAL: Question of law; leave to appeal; quantum meruit assessment; discretion in respect of costs Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: Sopov & Anor v Kane Constructions Pty Ltd (No 2) (2009) 257 ALR 182 Design Joinery & Doors Pty Ltd v Ipower Pty Ltd & Anor [2015] SASC 93 Gray (Constructions) Pty Ltd v Hogan (NSWCA) CA40365/98 Iezzi Constructions Pty Ltd v Watkins Pacific (Qld) Pty Ltd (1994) 2 QdR 350 Pavey and Matthews v Paul (1987) 162 CLR 221 Renard Constructions (MT) Pty Ltd v Minister for Public Works (1992) 26 NSWLR 234 at 276 De Bernardy v Harding (1853) 8 Exch 822 Luxor (Eastbourne) Ltd v Cooper [1941] AC 108 [1941] 1 All ER 33 Collins v Urban [2014] NSWCATAP 17 Wilair Building Supplies v Brereton [2015] NSWCATAP 3 Texts Cited: The Law of Restitution, Goff and Jones, 6th ed Category: Principal judgment Parties: Phan Building Services Pty Ltd – Appellant Thi Dang - Respondent Representation: Counsel: Mr Young – Appellant Mr Davie – Respondent