Eden Construction Co Pty Ltd v Grigor [2016] NSWCATAP 182

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Eden Construction Co Pty Ltd v Grigor [2016] NSWCATAP 182 Hearing dates: 8 June 2016 Date of orders: 10 August 2016 Decision date: 10 August 2016 Jurisdiction: Appeal Panel Before: D Patten, Principal Member D Robertson, Senior Member Decision: (1) Appeal and application for leave to appeal dismissed (2) Orders made in the Tribunal below confirmed. (3) Appellant to pay respondent's costs of appeal as agreed or assessed. Such costs to be on the ordinary basis except for those which were additionally incurred by the respondent becoming obliged to brief new counsel for the hearing of the appeal which are to be payable on a full indemnity basis. Catchwords: Building case – claim for quantum meruit – not justified on evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Damberg v Damberg [2001] 52 NSWLR 492 Friend v Brooker [2009] 239 CLR 129 Henderson's Automotive Technologies Pty Ltd (in liq) v Flaton Management Pty Ltd [2011] VSCA 167; 84 ACSR 93 Lumbers v W Cook Builders Pty Ltd [2007] 232 CLR 635 Skilled Group Ltd v CSR Viridian Ltd [2012] VSC 290 Category: Principal judgment Parties: Eden Constructions Pty Ltd (Appellant) Warwick Robert Grigor (Respondent) Representation: J Cameron (Applicant) M Gracie, instructed by Gadens Lawyers (Respondent) File Number(s): AP 16/02219 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 16 December 2015 Before: P Boyce, Senior Member File Number(s): HB 13/11162