Guiffre v Srinivasan [2017] NSWCATAP 121

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Guiffre v Srinivasan [2017] NSWCATAP 121 Hearing dates: 8 February 2017 Date of orders: 25 May 2017 Decision date: 25 May 2017 Jurisdiction: Appeal Panel Before: R Hamilton SC, Senior Member DAC Robertson, Senior Member Decision: 1. Leave to appeal refused.

2. Appeal dismissed. Catchwords: CONTRACT – Home Building – builder entered contract to complete building work – builder appointed third party project manager with authority to receive payments – third party carried out building work without reference to builder – third party received payments and did not account to builder – work not completed – builder liable for failure to complete work Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: Allen v Tricare (Hastings) Ltd [2017] NSWCATAP 25 Augustus v Mohammed [2016] NSWCATAP 108 Bonita v Shen [2016] NSWCATAP 159 Building Insurers Guarantee Corporation v The Owners Strata Plan 60848 [2012] NSWCA 375 The Owners Strata Plan No.61162 v Lipman; The Owners Strata Plan No.61162 v Building Insurers Guarantee Corporation [2014] NSWSC 482 The Owners Strata Plan No.68372 v Allianz Australia Insurance Ltd [2014] NSWSC 1807 Wong v Yousif Enterprises (Aust) Pty Ltd [2016] NSWCATAP 231 Category: Principal judgment Parties: Gaetano Guiffre (Appellant) Devika Srinivasan (Respondent) Representation: Counsel: S Ahmed (Appellant) A Labuzin (Respondent) File Number(s): AP 16/44856 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 9 September 2016 Before: P Boyce, Senior Member File Number(s): HB 16/05796