Yang v Oppidan Homes Pty Ltd [2016] NSWCATAP 146

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Yang v Oppidan Homes Pty Ltd [2016] NSWCATAP 146 Hearing dates: 14 December 2015 Date of orders: 28 June 2016 Decision date: 28 June 2016 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President R Titterton, Senior Member Decision: In AP 15/49779 the Appeal Panel orders:

(1) The appeal is upheld for the limited purpose of reducing the amount payable by the appellant by $47.00.

(2) Order 2 made on 12 August 2015 in HB 12/37224 is set aside and in its place the Appeal Panel makes order 3 below.

(3) The appellant is to pay the respondent the sum of $76,495.87 within 60 days of these orders.

(4) The appellant is to pay the respondent's costs of the appeal as agreed or as assessed pursuant to the provisions of the Legal Profession Uniform Law Application Act 2014 subject to the fact that the amount which the appellant is required to pay will be 80% of the amount assessed.

In AP 15/51898 the Appeal Panel orders:

(1) that the appeal is dismissed. Catchwords: HOME BUILDING dispute – entitlement to liquidated damages – where error by Tribunal below

SLIP RULE – meaning and effect

COSTS – appellant largely unsuccessful – ordered to pay 80% of the respondent's costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Consumer Trader and Tenancy Act 2001 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Trade Practices Act 1975 (Cth) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Blair v Tomkins [1971] 1 All ER 46 Collins v Urban [2014] NSWCATAP 17 Cripps v G & M Mawson [2006] NSWCA 84 Hammond v Ozzy Cheapest Cars Pty Ltd t/as Ozzy Car Sales [2015] NSWCATAP 65 Lawrie v Lees (1881) 7 App Cas 19 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30 Moratic Pty Ltd v Gordon [2007] NSWSC 5 Mraz v The Queen (1955) 93 CLR 493 Newmont Yandal Operations Pty Limited v The J Aron Corporation and the Goldman Sachs Group [2007] NSWCA 195; 70 NSWLR 411 Storey & Keers Pty Ltd v Johnstone (1987) 9 NSWLR 446 Sutherland & Co v Hannevig Bros Ltd [1921] 1 KB 336 Tonab Investments Pty Ltd v Optima Developments Pty Ltd [2015] NSWCA 287 Torpey Vander Have Pty Ltd v Mass Constructions Pty Ltd [2002] NSWCA 263 Wardle v Agricultural & Rural Financers Pty Ltd (No 3) [2013] NSWCA 207; (2013) 303 ALR 298 Texts Cited: Nil Category: Principal judgment Parties: AP 15/49779: Tao (Ellen) Yang (Appellant) Oppidan Homes Pty Ltd (Respondent)