Bajic v Paraskevopoulos [2018] NSWCATAP 192

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bajic v Paraskevopoulos [2018] NSWCATAP 192 Hearing dates: 30 July 2018 Date of orders: 08 August 2018 Decision date: 08 August 2018 Jurisdiction: Appeal Panel Before: R Titterton, Principal Member D Robertson, Senior Member Decision: (1) The appeal is dismissed.

(2) Leave to appeal on grounds other than a question of law is refused.

(3) If the respondents seek an order as to costs, they should file and serve submissions on or before 15 August 2018.

(4) The appellant may respond by 22 August 2018. Catchwords: BUILDING AND CONSTRUCTION – building contract – adequacy of reasons – whether Tribunal erred in failing to consider a party's admission against interest – resulting effect on weight to be given to expert report Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1985 (NSW) Home Building Act 1989 (NSW). Cases Cited: Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWSC 1302 Collins v Urban [2014] NSWCATAP 17 Coulton v Holcombe [1986] HCA 33; (1986) 162 CLR 1 Lukac v The Royal Australian and New Zealand College of Obstetricians and Gynaecologists [2018] NSWSC 436 Matterson v Sunrise Pools Australia Pty Ltd [2017] NSWCATAP 211 Mifsud v Campbell (1991) 21 NSWLR 725 Mitchell v Cullingral Pty Ltd [2012] NSWCA 389 Rajski v Bainton (Court of Appeal, unreported, 6 September 1991 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Supple v Building Appeals Board [2015] VSC 83 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418; [1950] HCA 35 Category: Principal judgment Parties: Alexsander Bajic (Appellant) Phillip Paraskevopoulos, Margaret Paraskevopoulos and Dobrinka Lazarevich (Respondents) Representation: Counsel: D O'Connor (Appellant) M Klooster (Respondents)