Tiwari v Champion Homes Sales Pty Ltd [2016] NSWCATAP 73

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tiwari v Champion Homes Sales Pty Ltd [2016] NSWCATAP 73 Hearing dates: 8 February 2016 Date of orders: 31 March 2016 Decision date: 31 March 2016 Jurisdiction: Appeal Panel Before: Hennessy N, LCM, Deputy President S Thode, Senior Member Decision: 1. Leave to appeal on grounds other than a question of law is refused. 2. The appeal is dismissed. Catchwords: APPEAL – home building contract – lawfulness of contract price adjustment – unfair contracts – adjournment application - duty to offer an adjournment in certain circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80 Contracts Review Act 1980 (NSW), s 7and 9 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Hamod v State of New South Wales [2011] NSWCA 375 Hampton v Court Ltd v Crooks (1957) 97 CLR 36 Italiano v Carbone [2005] NSWCA 177 Pollock v Hicks [2015] NSWCA 122 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Category: Principal judgment Parties: Neeraj Tiwari (1st Appellant) Shipra Tiwari (2nd Appellant) Champion Homes Sales Pty Ltd (Respondent) Representation: Solicitors and agents: File Number(s): AP 15/42581 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 27 July 2015 Before: S Smith, General Member File Number(s): HB 14/59519