NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rekrut and Scott v Champion Homes Sales Pty Ltd; Champion Homes Sales Pty Ltd v Rekrut and Scott [2017] NSWCATAP 187 Hearing dates: 24 May and 19 June 2017 Date of orders: 13 September 2017 Decision date: 13 September 2017 Jurisdiction: Appeal Panel Before: Wright J, President I Bailey AM SC, Senior Member Decision: 1. The time for Champion Homes Sales Pty Ltd to lodge its notice of appeal in AP 17/09469 is extended to 27 February 2017.
2. Adam Rekrut and Sandra Scott have leave to appeal in AP 17/04738, where required.
3. Champion Homes Sales Pty Ltd has leave to appeal in AP 17/09469 in respect of the first ground of appeal.
4. The appeal in AP 17/04738 is allowed in part, but is otherwise dismissed.
5. The appeal in AP 17/09469 is allowed in part, but is otherwise dismissed.
6. Order 1 made on 23 December 2016 in proceedings HB 13/66604 is set aside and in substitution the Appeal Panel orders that, subject to order 10 below, Adam Rekrut and Sandra Scott are to repay to Champion Homes Sales Pty Ltd $6,832.02.
7. The following claims made in proceedings HB 13/66604 are remitted to the Consumer and Commercial Division to be reconsidered in accordance with the directions in order 8 below: a. The claim for "Variation 10-Hydraulic Design, Survey and Engineer Inspections and PCA (SS) site inspections" dealt with at [88] to [101] of the reasons for decision of 23 December 2016 (the "Reasons"); a1. The claim for "Variation 12-Structural Steel" dealt with at [110] - [119] of the Reasons; b. The claim for "Stormwater Detention System" dealt with at [139] to [182] of the Reasons; c. The claim for "Damages for Failure to reach Practical Completion" dealt with [233] to [308] of the Reasons; d. The claim for "Water Supply to Original Residence", item 8.5.6 in the Scott Schedule attached to the Joint Memorandum of Experts Conclave in proceedings HB 13/66604 signed by Mr Dietrich and Mr Zakos (the "Scott Schedule"); e. The claim for "Bushfire Construction Requirements: Water Supply for Fire Fighting", item 8.7 in the Scott Schedule.
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