Wilson v Dash [2018] NSWCATAP 91

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wilson v Dash [2018] NSWCATAP 91 Hearing dates: 17 May 2017 Date of orders: 19 April 2018 Decision date: 19 April 2018 Jurisdiction: Appeal Panel Before: P Callaghan SC, Principal Member D Goldstein, Senior Member Decision: (1) The time for the filing the Notice of Appeal is extended to 31 January 2017.

(2) Appeal dismissed.

(3) Any costs application must be lodged in the Appeal Division of the Tribunal and served on the costs respondent within 21 days of the date of these orders either attaching or referring to any documents relied upon in support of the application.

(4) The costs respondent will have 21 days after the date it receives the application referred to in the preceding paragraph to lodge in the Appeal Division of the Tribunal and serve on the costs applicant its submissions in response to the cost applicant's costs application, such submissions either attaching or referring to any documents relied upon.

(5) Subject to the right of the parties to make submissions under section 50(3) of the Civil and Administrative Tribunal Act (which should be made in conjunction with the submissions referred to above), the Appeal Panel will determine any costs application on the basis of the papers lodged in the Appeal Division of the Tribunal. Catchwords: Questions of law – absence of evidence- extra construction work, contractual regime for variations not followed - quantum meruit Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Associated Picture Houses Limited v Wednesbury Corporation [1948] 1 KB 223 Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Aavelaid v J.A. Hayek t/as Laing & Simmons [2015] NSWCATAP 130Built Interiors Pty Limited v Three Dinosaurs Pty Limited [2003] NSWCA 290 Bull v NSW Land and Housing Corporation [2016] NSWCATAP 266 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Liebe v Molloy [1906] HCA 67: (1906) 4 CLR 347 Lo v Chief Commissioner of State Revenue (2013) 85 NSWLR 86 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; (2001) 52 NSWLR 705 Marrickville Metro Shopping Centre Pty Limited v Marrickville Council [2010] NSWCA 145 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Riana Pty Ltd v The Owners - Strata Plan No 22336 [2007] NSWSC 1033 Trimis v Mina [199] NSWCA 140 Update Constructions Pty Limited v Rozelle Child Care Centre Limited (1990) 20 NSWLR 251 Quan Pham v Legal Services Commissioner [2016] VSCA 256 Texts Cited: None Cited Category: Principal judgment Parties: Murray Wilson and Katherine Hale (Appellants) Jason Dash (Respondent) Representation: Counsel: B Ilkovski (Appellants) J F Heazlewood (Respondent)