NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Perkins v Barraket [2016] NSWCATAP 66 Hearing dates: 11 January 2016 and 25 February 2016 Date of orders: 16 March 2016 Decision date: 16 March 2016 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President S Thode, Senior Member Decision: (1) Terence John Perkins is joined to these proceedings as an appellant.
(2) Leave is granted under s 41 of the Act for the appeal to be filed on 2 October 2015;
(3) The appeal is upheld insofar as the decision the subject of the appeal determined the compensation to which the appellants may be entitled;
(4) Proceedings RT 15/34873 are to be remitted for a rehearing before the Tribunal as previously constituted for the limited purpose of assessing the appellants' entitlement to compensation; and
(5) The parties are at liberty to adduce further evidence limited to the assessment of compensation pursuant to any directions given by the Member hearing the proceedings on remittal. Catchwords: Assessment of damages, mitigation, extending time Legislation Cited: Civil and Administrative Tribunal Rules 2014 NSW Civil and Administrative Tribunal Act 2013 NSW Residential Tenancies Act 2010 NSW Cases Cited: Karacominakis v Big Country Developments Pty Ltd [2000] NSWCA 313 Portbury Development Co Pty Ltd v Ottedin Investments Pty Ltd [2014] VSC 57 Arnott v Choy [2010] NSCA 259 Burns MAN Automotive (Aust) Pty Ltd 1986 (161 CLR 653) Munce v Vinidex Tube Makers Pty Ltd [1974] 2 NSW LR 235 Hadley v Baxendale (1854) 9 Exch 341 Castle Constructions Pty Ltd v Fekula Pty Ltd [2006] NSWCA 133 TCN Channel 9 v Hayden Enterprises ((1989) 16 NSWLR 130 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Texts Cited: Cheshire and Fifoot's Law of Contract, 9th Edition Category: Principal judgment Parties: Christian Perkins and Terence Perkins (Appellants) Elias Barraket (Respondent) Representation: Appellants: C Perkins Respondent: No appearance File Number(s): AP 15/54952 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 21 August 2015 Before: W Priestley, General Member File Number(s): RT 15/34873
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