Scharer v Giro Construction Group Pty Ltd (In Liq) [2017] NSWCATAP 140

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Scharer v Giro Construction Group Pty Ltd (In Liq) [2017] NSWCATAP 140 Hearing dates: 12 December 2016 (last submissions received 31 March 2017) Date of orders: 26 June 2017 Decision date: 26 June 2017 Jurisdiction: Appeal Panel Before: Dr J Renwick SC, Senior Member T Simon, Senior Member Decision: Appeal and application for leave to appeal dismissed. No order as to costs of the appeal. Catchwords: Civil and Administrative Tribunal – Appeal Panel – s440D, consent, costs, in liquidation Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 Corporations Act (Cth) Home Building Act (NSW) Cases Cited: Oshlack v Richmond River Council [1998] HCA 11 Category: Principal judgment Parties: Wayne Scharer and Judith Anderson (Appellants) Giro Construction Group Pty Ltd (In Liq) (Respondents) Attorney-General for the State of New South Wales (Intervening) Representation: Counsel: M R Pesman SC (Appellants) No appearance for the Respondents S Roberston (Intervenor) File Number(s): AP 16/44447 Decision under appeal Court or tribunal: New South Wales Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 07 September 2016 Before: D Goldstein, Senior Member File Number(s): HB 14/49581