B & M Mitchell Pty Ltd v Mikell Investments Pty Ltd & Divlist Pty Ltd t/as Contemporary Homes [2018] NSWCATAP 35

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: B & M Mitchell Pty Ltd v Mikell Investments Pty Ltd & Divlist Pty Ltd t/as Contemporary Homes [2018] NSWCATAP 35 Hearing dates: 5 December 2017 Date of orders: 01 February 2018 Decision date: 01 February 2018 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President R Hamilton SC, Senior Member Decision: 1. The time for the filing of the Notice of Appeal is extended to 4 October 2017;

2. The appeal is dismissed;

3. The order staying the operation of order 1 made on 1 September 2017 in HB 16/33023 is lifted;

4. The respondents are to file and serve submissions concerning costs of the appeal within 21 days;

5. The appellant is to file and serve submissions in response to the respondents' submissions within 21 days thereafter; and

6. The respondents are to file and serve submissions on costs in reply within 7 days thereafter Catchwords: Building contract – fixed price – cost plus Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Codelfa Construction Proprietary Limited v State Rail Authority of New South Wales 149 CLR 337 Reardon Smith Line Ltd V Hansen-Tangen [1976] 1 WLR 989 Category: Principal judgment Parties: B & M Mitchell Pty Ltd (Appellant) Mikell Investments Pty Ltd & Divlist Pty Ltd t/as Contemporary Homes (Respondents) Representation: Counsel: J Nathan(Appellant) J Young (Respondents)