Steven Mace v Christopher John McPherson t/as CMC Building Works [2017] NSWCATAP 8

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Steven Mace v Christopher John McPherson t/as CMC Building Works [2017] NSWCATAP 8 Hearing dates: 16 November 2016 Date of orders: 12 January 2017 Decision date: 12 January 2017 Jurisdiction: Appeal Panel Before: I H Bailey SC, Senior Member D Goldstein, Senior Member Decision: 1. The appeal is dismissed. 2. The decision under appeal is affirmed save that Order 2 be stayed until the completion of consideration and orders by this Appeal Panel on costs to be made under Order 3. 3. The costs of these proceedings are reserved to be addressed along with: (a) the foreshadowed Appeal from the costs decision dated 21 November 2016 as to the costs of the proceedings HB 15/53637, (b) any application as to the costs of proceedings HB 13/02916, and (c) any other application for costs concerning proceedings AP 14/51932. Legislation Cited: Civil and Administrative Tribunal Act 2013 (the Act) Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Cases Cited: Barakat v Goritsas (No 2) [2012] NSWCA 36 Barrow v Bankside Agency Ltd [1996] 1 WLR 257 CSR Limited v Eddy [2008] NSWCA 83 Maconachie v Kullenberg [2005] NSWCA 294 McPherson v Mace [2015] NSWCATAP 203 Telecomputing PCS Pty Ltd v Bridge Wholesale Acceptance Corp (Aust) Ltd (1991) 24 NSWLR 513 Vakauta v Kelly (1989) 167 CLR 568; 63 ALJR 610 Category: Principal judgment Parties: Steven Mace (Appellant) Christopher John McPherson t/as CMC Building Works (Respondent) Representation: Counsel: B A Jacobs (Appellant) B Nolan (Respondent)