Buildex Australia Pty Ltd v Soud [2016] NSWCATAP 83

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Buildex Australia Pty Ltd v Soud [2016] NSWCATAP 83 Hearing dates: 4 December 2015 Date of orders: 12 April 2016 Decision date: 12 April 2016 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President S Thode, Senior Member Decision: In AP 15/51534:

(1) The appeal is upheld for the purpose of making order 2 below and is otherwise dismissed.

(2) By consent of the parties order (1) made on 12 August 2015 is varied in the following terms:

Buildex Australia Pty Ltd shall pay to Toolendrie Soud the sum of $267,681.74 on or before 30 April 2016.

In AP 15/51590:

By consent of the parties the Appeal Panel makes the following orders:

(1) The appeal is allowed.

(2) Order (3) made on 12 August 2015 is quashed. Catchwords: Error of Law – hearing on the papers – Clause 9 set aside application Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; (2009) 239 CLR 27 Hammond v Ozzy Cheapest Cars Pty Ltd [2015] NSWCATAP 65 House v King (1936) 55 CLR 499 Category: Principal judgment Parties: Buildex Australia Pty Ltd (Appellant) Toolendrie Soud (Respondent) Representation: Counsel: Mr To (Appellant) Mr Klooster (Respondent)

Solicitors: Rapid Lawyers (Appellant) Snelgroves (Respondent) File Number(s): AP 15/51534 and AP 15/51590 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 12 August 2015 Before: C Paull, Senior Member File Number(s): HB 14/02786 and HB 15/31056