Bradshaw v Complete Coating Commercial Pty Ltd t/as CCC Civil [2017] NSWCATAP 209

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bradshaw v Complete Coating Commercial Pty Ltd t/as CCC Civil [2017] NSWCATAP 209 Hearing dates: 7 April 2017 and 13 June 2017 Date of orders: 03 November 2017 Decision date: 03 November 2017 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member F Corsaro SC, Senior Member Decision: (1) Leave to appeal is allowed.

(2) The appeal is allowed.

(3) The orders of the Tribunal made on 8 December 2016 in HB/35464 and HB/56160 are set aside.

(4) The appellants, Gatom Rich Bradshaw and Bayleigh Moare Bradshaw are to immediately repay to the respondent, Coating Commercial Pty Ltd trading as CCC Civil, all amounts that the respondent has paid to the appellants, in compliance with the Tribunal's order made on 8 December 2016.

(5) Remit the matter back to the Consumer and Commercial Division of the Tribunal, for re-hearing as to the quantification of the parties' respective claims. Catchwords: APPEAL - unenforceable residential building contract - s7 Home Building Act 1985 (NSW) - breach of contract - quantification of quantum meruit claim by builder - damages awarded less amount owed to builder - New evidence. Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1985 (NSW) Australian Consumer Law Cases Cited: Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221 Lumbers v W Cook Builders Pty Ltd 232 CLR 635 Sopov v Kane Constructions [2009] VSCA 216 Council of the City of Sydney v Woodward [2000] NSWCA 201 Brenner v First Artists' Management Pty Ltd [1993] 2 VR 221 Texts Cited: Mason K and Carter JW, Mason & Carters Restitution Law in Australia, Third Edition, LexisNexis Butterworths, Sydney, 2016 Category: Principal judgment Parties: Gatom Bradshaw and Bayleigh Bradshaw (Appellants) Complete Coating Commercial Pty Ltd trading as CCC Civil (Respondent) Representation: Self-Represented (Appellants) S Sherman, Director (Respondent) File Number(s): AP 16/56160 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 8 December 2016 Before: W Priestley, General Member File Number(s): HB 16/35464