Roberts v Morphett Constructions Pty Ltd [2018] NSWCATAP 33

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Roberts v Morphett Constructions Pty Ltd [2018] NSWCATAP 33 Hearing dates: 4 December 2017 Date of orders: 01 February 2018 Decision date: 01 February 2018 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member DAC Robertson, Senior Member Decision: 1. Leave to appeal refused

2. Appeal dismissed

3. Either party may within 14 days of the publication of these orders file and serve upon the other party written submissions seeking an order in respect of the costs of the appeal

4. If submissions are filed by either party in accordance with order 3 the other party may within a further 14 days file and serve submissions in response. Catchwords: Appeal – Home Building – dispute clause in contract – whether clause had been complied with – clause imposes no substantive requirement – no basis for stay of proceedings – Leave to appeal – interlocutory decision to refuse an adjournment – no error of principle – Content of contract – issue of fact – no error Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Abdel-Messih v Lobo [2016] NSWCATAP 143 Armee v Brealey [2017] NSWCATAP 141; Carr v Finance Corporation of Australia Ltd (1981) 147 CLR 246; Cessnock City Council v Aviation and Leisure Corporation Pty Ltd [2012] NSWSC 221 Collins v Urban [2014] NSWCATAP 17 Donna O'Neill v T and I Engines Pty Ltd [2015] NSWCATAP 77; Dubois v R&V Bergin Pty Ltd [2011] NSWCA 309; Eastman v Director of Public Prosecutions (ACT) (2003) 214 CLR 318 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd [2013] HCA 46; (2013) 250 CLR 303; Grozdanov v N&T Buildings Pty Ltd [2015] NSWCATAP 107) NT Power Generation Pty Ltd v Power and Water Authority (2004) 219 CLR 90 Santos Limited v Fluor Australia Pty Ltd [2016] QSC 129; Zeke Services Pty Ltd v Traffic Technologies Ltd [2005] 2 Qd R 563; [2005] QSC 129; Category: Principal judgment Parties: Raymond Roberts (Appellant) Morphett Constructions Pty Ltd (Respondent) Representation: Counsel: J Doyle, solicitor, Appellant N Hammond, Respondent