Gorr v Minkley [2017] NSWCATAP 13

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gorr v Minkley [2017] NSWCATAP 13 Hearing dates: 10 January 2017 Date of orders: 19 January 2017 Decision date: 19 January 2017 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member G Walker, Senior Member Decision: 1. The time to appeal is extended to 17 October 2016. 2. To the extent necessary, leave to appeal is granted and the appeal is allowed in part; 3. Order 1 made by the Tribunal on 7 September 2016 is set aside and in lieu thereof the following order is made: The respondent is to pay the applicants the sum of $9,328.61 immediately. 4. The appeal is otherwise dismissed with each party to pay their own costs. Catchwords: Building contract- adjustment to contract sum following deduction of work for which provisional allowance made.

Damages- set-off of balance of unpaid contract price.

Decision- inferences to be drawn from amount awarded in decision, express reasons contrary to inference. Legislation Cited: Civil and Administrative Tribunal Act, 2013 Category: Principal judgment Parties: Amanda Gorr and Travis Lochert (Appellants) Peter Minkley (Respondent) Representation: Appellants in person Respondent in person File Number(s): AP 16/45829 Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 28 June 2016 Before: K Holwell, General Member File Number(s): HB 16/12717