Reavill Farm Pty Ltd v Burrell Solicitors Pty Ltd [2017] NSWCA 156

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Reavill Farm Pty Ltd v Burrell Solicitors Pty Ltd [2017] NSWCA 156 Hearing dates: 31 March 2017 Date of orders: 28 June 2017 Decision date: 28 June 2017 Before: Bathurst CJ at [1]; Leeming JA and Emmett AJA at [8] Decision: In proceedings 2016/121807 (the Liability Appeal): (1) The amended notice of appeal filed on 1 December 2016 be dismissed. (2) The appellant pay the respondent's costs of the appeal.

In proceedings 2017/55149 (the Costs Appeal): (1) An extension of time to file the summons is refused. (2) The applicant pay the respondent's costs of the summons. Catchwords: TRADE AND COMMERCE – Trade Practices Act 1974 (Cth) and related legislation – Australian Consumer Law – Consumer protection – Misleading and deceptive conduct – Causation – whether appellant suffered loss or damage as a result of respondent's impugned conduct – whether respondent's failure to provide updated reasonable costs estimates was a cause of appellant's loss or damage – whether appellants relied on unreasonable costs estimates to their detriment – whether work performed by respondents was wholly wasted

APPEAL AND NEW TRIAL - Appeal - General principles – whether appellant was denied procedural fairness – whether question of extent to which work performed by respondents was wasted was properly raised by respondents before primary judge

COSTS – Costs assessment – Determination – Appeal – extension of time to appeal from determination of costs review panel – whether appeal would prolong the substantive dispute between the parties