Blessed Sydney Constructions Pty Ltd v Vasudevan [2018] NSWCATAP 98

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Blessed Sydney Constructions Pty Ltd v Vasudevan [2018] NSWCATAP 98 Hearing dates: 19 March 2018 Date of orders: 26 April 2018 Decision date: 26 April 2018 Jurisdiction: Appeal Panel Before: Wright J, President M Harrowell, Principal Member L Pearson, Principal Member Decision: 1. The appeal is dismissed. 2. Subject to order 3, the appellant is to pay the respondent's costs of and incidental to this appeal as agreed or assessed on the basis set out in the legal costs legislation (as defined in s 3A of the Legal Profession Uniform Law Application Act 2014 (NSW)). 3. Order 2 ceases to have effect if either party files and serves an application for a different costs order on or before 8 May 2018. 4. The stay of order 1, made on 14 December 2017 in proceedings HB17/13983, is lifted. Catchwords: RENEWAL OF PROCEEDINGS – powers of Tribunal on renewal application – cl 8(4) of Sch 4 to the Civil and Administrative Tribunal Act 2013 (NSW) – construction of "any other appropriate order under this Act or enabling legislation as it could have made when the matter was originally determined" – whether Tribunal has power to make an order for the payment of money in place of a work order – Tribunal has power to make order for the payment of money by way of damages in this case even if such an order was not appropriate when the proceedings were originally determined Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 16, 17, 59, Sch 4 cls 3 and 8 Civil and Administrative Tribunal Rules 2014 (NSW), r 38 Consumer, Trader and Tenancy Tribunal Act 2001 (NSW), s 43 Fair Trading Act 1987 (NSW), s 79U Home Building Act 1989 (NSW), ss 48A, 48I, 48K, 48MA, 48O, 48P Legal Profession Uniform Law Application Act 2014 (NSW), s 3A Residential Tenancies Act 2010 (NSW), ss 47, 65, 187, 188, Pt 5 Divs 2 and 3 Cases Cited: Akratos v Papadopoulos [2016] NSWCATAP 139 Australian Hardboards Ltd v Hudson Investment Group Ltd (2007) 70 NSWLR 20; [2007] NSWCA 104 Brewarrina Shire Council v Beckhaus Civil Pty Ltd [2005] NSWCA 248 Integrity Homes Pty Ltd v Staniland [2015] NSWCATAP 284 Johnson v Dibbin; Gatsby v Gatsby [2018] NSWCATAP 45 Riltang Pty Ltd v L Pty Ltd [2004] NSWSC 977 Sunbird Plaza Pty Ltd v Maloney (1988) 166 CLR 245; [1988] HCA 11 Texts Cited: Macquarie Dictionary 3rd Ed Rev Spry ICF, The Principles of Equitable Remedies 9th Ed 2014 (Law Book Co, Sydney) Category: Principal judgment Parties: Blessed Sydney Constructions Pty Ltd (appellant) Vasantha Vasudevan (respondent) Representation: Counsel: F Hicks SC (appellant) H Mann (respondent)