Dimitropoulos v Capital Constructions Pty Ltd; Capital Constructions Pty Ltd v Dimitropoulos [2018] NSWCATAP 100

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dimitropoulos v Capital Constructions Pty Ltd; Capital Constructions Pty Ltd v Dimitropoulos [2018] NSWCATAP 100 Hearing dates: 21 October 2016, 30 May 2017, 17 October 2017 and 27 October 2017 Date of orders: 27 April 2018 Decision date: 27 April 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Titterton, Principal Member Decision: (1) The time to file appeal AP 17/24463 is extended to 30 May 2017.

(2) To the extent necessary, each party has leave to appeal and both appeals are allowed in part.

(3) Order 1, made on 29 June 2016, is set aside and the proceedings are remitted to the Tribunal as originally constituted to determine what, if any, amount is payable to Capital Construction Pty Ltd in consequence of it terminating the contract with Spiro and Anna Dimitropoulos, such assessment to be limited to the amounts due to the builder up to termination of the contract and to exclude any claim for loss of profits.

(4) Order 1, made on 15 December 2016, is set aside and the question of costs is to be re-determined in the proceedings on remittal pursuant to order 2.

(5) Save as provided above, both appeals are otherwise dismissed.

(6) Subject to order 7, each party is to pay their own costs.

(7) In the event that either party contends for a different costs order, the following directions apply:

(a) The applicant for costs (costs applicant) must file and serve any application within 7 days after these orders.