Lauer v Comer (No 2) [2016] NSWCATAP 158

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lauer v Comer (No 2) [2016] NSWCATAP 158 Hearing dates: On the papers Date of orders: 22 July 2016 Decision date: 22 July 2016 Jurisdiction: Appeal Panel Before: D Patten, Principal Member R Titterton, Senior Member Decision: (1) Appeal allowed in part. (2) Quash order made in Tribunal below and in lieu order that the respondent pay to the appellants the sum of $52,040.00 forthwith. (3) Order that the respondent to this appeal pay the appellants' costs of the proceedings in the Tribunal below on the ordinary basis as agreed or assessed. (4) No order as to the costs of the appeal. Catchwords: Home Building Act – s 94(1A) – quantum meruit not just and equitable Legislation Cited: Home Building Act 1989 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Eddy Lau Constructions Pty Ltd v Transdevelopment Enterprise Pty Ltd [2004] NSWSC 273 Pender v Robwenphi Pty Ltd [2008] NSWSC 1144 Pavey & Matthews v Paul (1987) 162 CLR 221 Port of Melbourne Authority v Anshun Pty Ltd [1997] 147 CLR 589 Category: Principal judgment Parties: Simon Lauer and Rachel Ng (Appellants) Ike Comer (Respondent) Representation: Solicitors: File Number(s): AP 15/51531 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2015] NSWCATCCD 114 Date of Decision: 25 August 2015 Before: G Meadows, Senior Member File Number(s): HB 14/35459