Pollak v Masterglass Facades Pty Ltd [2017] NSWCATAP 203

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pollak v Masterglass Facades Pty Ltd [2017] NSWCATAP 203 Hearing dates: 17 August 2017 Date of orders: 20 October 2017 Decision date: 20 October 2017 Jurisdiction: Appeal Panel Before: Hon F Marks ADCJ, Principal Member G Sarginson, Senior Member Decision: 1 Appeal dismissed

2 Any stay is vacated Catchwords: Residential building work-contractor unlicensed and work uninsured-quantum meruit claim under sec 94(1A) Home Building Act upheld on appeal-appeal dismissed Legislation Cited: Home Building Act 1989 Civil and Administrative Tribunal Act 2013 Cases Cited: Eddy Lau Constructions Pty Limited v Transdevelopment Enterprise Pty Limited [2004] NSWSC 273. Head v Collings Homes P/L (Home Building) [2002] NSWCTTT 294 Lee Gleeson Pty Ltd v Stirling Estates Pty Ltd (1991) 23 NSWLR 571 Lodder v Slowey [1904] AC 442 O'Connor v LEAW Pty Ltd (1997) 42 NSW LR 285 Pender v Robwenphi Pty Limited & Anor [2008] NSWSC Category: Principal judgment Parties: Dr J Pollak (Appellant) Masterglass Facades Pty Ltd (Respondent) Representation: Appellant self-represented A Punin (director of Respondent) File Number(s): AP 17/26009 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal NSW Jurisdiction: Consumer and Commercial Division Citation: Masterglass Facades Pty Ltd v Pollak [2017] NSWCATCD 45 Date of Decision: 1 June 2017 Before: I Bailey AM SC Senior Member File Number(s): HB 16/49943 and HB 16/53939