Girgis v Makinadjian [2017] NSWCATAP 19

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Girgis v Makinadjian [2017] NSWCATAP 19 Hearing dates: 10 November 2016 Date of orders: 31 January 2017 Decision date: 31 January 2017 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Titterton, Senior Member Decision: (1) Leave to appeal is refused (2) The appeal is otherwise dismissed. Catchwords: Leave to appeal- requirements for leave, evidence not reasonably available

Contract- interpretation of obligations, required standard of work, quotation not requiring particular standard of visual finish, whether obligation to provide a "visually acceptable and improved finish" can be inferred Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 Texts Cited: Nil Category: Principal judgment Parties: Isis Girgis (Appellant) Vahram Makinadjian t/as Pure Painting and Decorating Services (Respondent) Representation: Each party appeared in person File Number(s): AP 16/ 38088 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 22 July 2016 Before: G Meadows, Senior Member File Number(s): GEN 1612160