Hoque v ARZ Building & Constructions Pty Ltd [2017] NSWCATAP 71

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hoque v ARZ Building & Constructions Pty Ltd [2017] NSWCATAP 71 Hearing dates: 13 May 2016 (last submissions 23 June 2016) Date of orders: 29 March 2017 Decision date: 29 March 2017 Jurisdiction: Appeal Panel Before: J Harris SC, Senior Member Dr J Renwick SC, Senior Member Decision: (1) The appeal against the decision of the Tribunal in HB 14/47135 is allowed and the orders made on 9 February 2016 are set aside.

(2) The appeal against the decision of the Tribunal in HB 14/57483 is allowed and the orders made on 9 February 2016 are set aside.

(3) Each of the matters in AP 16/11843 (being HB 14/47135 and HB 14/57483 below) is remitted to the Commercial and Consumer Division of the Tribunal for reconsideration according to law, either with or without further evidence as the Tribunal below may determine.

(4) Within 21 days the parties are to confer as to costs of the appeal, and in the event there is no agreement as to costs orders (if any) on the appeal, submissions as to costs (which are not to exceed 5 pages) are to be filed and served in a further 14 days. Catchwords: Civil and Administrative Tribunal – Appeal Panel – questions of law – building contract – errors of law established – matter remitted for consideration according to law Legislation Cited: Home Building Act 1989 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Beale v Government Insurance Office of New South Wales (1997) 48 NSWLR 430 Browne v Dunn (1893) 6 R 67 Campbelltown City Council v Vegan [2006] NSWCA 284 Carlson v King (1947) 64 WN (NSW) 6 Collins v Urban [2014] NSWCATAP 17 Fox v Australian Industrial Relations Commission [2007] FCAFC 150 Keith v Gal [2013] NSWCA 339 Mifsud v Campbell (1991) 21 NSWLR 725 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30 Pettitt v Dunkley [1971] 1 NSWLR 376 Public Service Board of New South Wales v Osmond (1986) 159 CLR 656 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Sydney Supermarkets Pty Limited v Xu [2009] NSWADTAP 28 TAG Aviation Pty Ltd v Kirk [2017] NSWCATAP 41 Wainohu v New South Wales (2011) 243 CLR 181 Yates Property Corporation Pty Ltd (In Liquidation) v Darling Harbour Authority 24 NSWLR 156 Yong v Antworks Pty Ltd [2016] NSWCATAP 14 Texts Cited: None Category: Principal judgment Parties: Kazi Emdadul Hoque and Mossammat Nazmun Nahar (Appellants) ARZ Building & Constructions Pty Ltd (Respondents) Representation: Solicitors: P Meehan, Meehans Solicitors (Appellants) P Kioussis, Kioussis Lawyers (Respondents) File Number(s): AP 16/11843 Publication restriction: None Decision under appeal Court or tribunal: NSW Civil & Administrative Tribunal Jurisdiction: Consumer & Commercial Division Date of Decision: 9 February 2016 Before: M Cohen, Senior Member File Number(s): HB 14/47135 & HB 14/57483