Tuck v White [2016] NSWCATAP 132

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tuck v White [2016] NSWCATAP 132 Hearing dates: 17 February 2016 Date of orders: 17 June 2016 Decision date: 17 June 2016 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member T Simon, Senior Member Decision: The Appeal Panel makes the following orders:

(1) Leave to appeal is refused;

(2) The appeal is otherwise dismissed; and

(3) Each party is to pay their own costs Catchwords: Contract – need for intention to create legal relationship, inferred contract Damages – obligation to make best assessment Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 Consumer Claims Act, 1998 Cases Cited: Baak v Concrete Services Group Pty Ltd [2016] NSWCATAP 42 Collins v Urban [2014] NSWCATAP Commonwealth v Amann Aviation Pty Ltd [1991] HCA 54 Fink v Fink [1946] HCA 54; (1946) 74 CLR 127 Integrated Computer Services Pty Ltd v Digital Equipment Corp (Aust) Pty Ltd [5] BPR 11,110 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Texts Cited: Nil Category: Principal judgment Parties: Meagan Frances Tuck (Appellant) David Glen White (Respondent) Representation: Appellant: In person (By Phone) Respondent: In person (By Phone) File Number(s): AP 15/60803 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 7 October 2015 Before: J Lync, General Member File Number(s): HB 15/35191