Macquarie Grove Homes Pty Ltd v Tony Aylott & Glen Aylott t/as T&G Bricklaying; Tony Aylott & Glen Aylott t/as T&G Bricklaying v Macquarie Grove Homes Pty Ltd [2016] NSWCATAP 142

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Macquarie Grove Homes Pty Ltd v Tony Aylott & Glen Aylott t/as T&G Bricklaying; Tony Aylott & Glen Aylott t/as T&G Bricklaying v Macquarie Grove Homes Pty Ltd [2016] NSWCATAP 142 Hearing dates: 29 April 2016Written submissions: 6 May 2016 and 16 May 2016 Date of orders: 28 June 2016 Decision date: 28 June 2016 Jurisdiction: Appeal Panel Before: A Coleman SC, Senior Member D Robertson, Senior Member Decision: (1) In matter AP 15/65214 the appeal is dismissed; (2) In matter AP 15/65327 in so far as is required, grant leave to appeal but dismiss the appeal; (3) If any party wishes to make submissions with respect to the costs of the appeals, such submissions should be received by the Tribunal no later than 14 days following publication of these orders and to be no longer than 3 pages in length; (4) If no party makes submissions in accordance with Order (ii) above, the order will be that there is no order as to costs in each of the appeals. (5) The stay of the operation of order 1 made on 6 November 2015 in matter number HB 13/40548, granted on 9 December 2015, extended on 23 December 2015 and further extended on 9 March 2016 is discharged. Catchwords: APPEAL: Home Building Act – implied warranties of sub-contractors; DAMAGES – whether amount paid to third party pursuant to consent orders recoverable as damages; DAMAGES – reasonable and necessary amount of settlement; legal costs incurred in defending other proceedings; remoteness Legislation Cited: Civil and Administrative Tribunal Act, 2013 Home Building Act, 1989 Cases Cited: Baak v Concrete Services Group Pty Ltd [2016] NSWCATAP 42 BNP Paribas v Pacific Carriers Ltd [2005] NSWCA 72 Chand v The Commonwealth Bank of Australia Ltd [2015] NSWCA 181 Chaplin v Hicks (1911) 2KB 286 Collins v Urban [2014] NSWCATAP 17 Gerrard v Slamar [2004] WASCA 253 Gray v Sirtex Medical Ltd (2011) 193 FCR 1 Hadley v Baxendale [1854] 9 Ex 341 Lee v Ace New South Wales Pty Ltd [2016] NSWCATAP 29 McRae v Commonwealth Disposals Commission (1951) 84 CLR 377 Provident Capital v Papa (No 2) [2013] NSWCA 156 Robinson v Harman (1848) 1 Exch 850; 154 ER 363 Skinner v Australian Telecommunications (1992) 27 NSWLR 657 The Commonwealth v Amann Aviation (1991) 174 CLR 64 The Commonwealth v Verwayen (1990) 170 CLR 394 Unity Insurance Brokers Pty Ltd v Rocco Pezzano Pty Ltd (1998) 192 CLR 603 Watts v Rake (1960) 108 CLR 158 Wenkart v Pitman (1998) 46 NSWLR 502 Texts Cited: Halsbury's Laws of Australia Category: Principal judgment Parties: Macquarie Grove Homes Pty Ltd: Appellant in AP 15/65214, Respondent in AP 15/65327 Tony Aylott & Glen Aylott t/as T&G Bricklaying Respondents in AP 15/65214, Appellants in AP 15/65327 Representation: Counsel: Mr D Hand – Macquarie Grove Homes P/L Mr R Zikmann – T&G Bricklaying