GPM Constructions Pty Limited v Baker [2018] NSWCATAP 119

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GPM Constructions Pty Limited v Baker [2018] NSWCATAP 119 Hearing dates: 15 February 2018 and 2 March 2018 Date of orders: 21 May 2018 Decision date: 21 May 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member Dr R Dubler SC, Senior Member Decision: (1) Appeal AP 17/48650 is dismissed and leave to appeal is refused.

(2) The appellant is to pay the costs of the respondent in both appeals, such costs to be agreed or assessed on an ordinary basis.

(3) If either party seeks a different costs order to that in order (2), the following directions apply:

(a) The applicant for costs ("costs applicant") must file and serve any costs application, including submissions and any evidence in support, within 7 days of the date of these orders.

(b) The respondent to the costs application is to file and serve any submissions and evidence in reply within 14 days from the date of these orders.

(c) The costs applicant is to file any submissions in reply within 21 days from the date of these orders.

(d) Any submissions are to include submissions on the issue of whether an order should be made pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), dispensing with a hearing of the costs application.

(4) In the event an application is made pursuant to order (3), order (2) shall cease to have effect. Catchwords: CONTRACT – whether building contract on foot – whether owner lost entitlement to damages for defective building work in such a case – whether the owner had failed to act reasonably or failed to mitigate her loss by not requesting the builder to return to rectify defects