Champion Homes Sales Pty Ltd v Bailey [2018] NSWCATAP 212

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Champion Homes Sales Pty Ltd v Bailey [2018] NSWCATAP 212 Hearing dates: 9 March 2018 Date of orders: 14 September 2018 Decision date: 14 September 2018 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member A Boxall, Senior Member Decision: (1) Leave to appeal is refused and the appeal is dismissed. (2) The appellant is to pay the respondent's costs of the appeal, on the ordinary basis, as agreed or assessed. (3) If either party seeks a different costs order, the following orders apply: (a) Order 2 is stayed until further order of the Appeal Panel. (b) The party seeking a different costs order (the costs applicant) is to file an application, supported by evidence and submissions, within 14 days of the date of publication of these orders. (c) The other party is to file and serve evidence and submissions in response to the application within 14 days thereafter. (d) The costs applicant is to file and serve any submissions in reply within 7 days thereafter. (e) Subject to the parties' submissions, an application for a different costs order will be determined on the papers. Catchwords: APPEAL – interpretation of contractual provisions – question of law – leave to appeal Legislation Cited: Civil and Administrative Rules 2014 Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: Codelfa Construction Pty Ltd v State Rail Authority of New South Wales [1982] HCA 24; (1982) 149 CLR 337 Collins v Urban [2014] NSWCATAP 17 David Securities PL v Commonwealth Bank of Australia (1992) 175 CLR 353, [1992] HCA 48 Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7; (2014) 251 CLR 640 at 656 [35]; [2014] HCA 7 Finance Facilities Pty Ltd v Commissioner of Taxation (Cth) (1971) 127 CLR 106 Hookway v Racing Victoria Limited & Anor [2005] VSCA 310; 13 VR 444; 1 BFRA 469 Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd (2007) 233 CLR115; 241 ALR88; [2007] HCA 61; BC200710839 Liebe v Molloy (1906) 4 CLR 307 Mount Bruce Mining Pty Limited v Wright Prospecting Pty Limited [2015] HCA PMT Partners Pty Ltd (In Liquidation) v Australian National Parks and Wildlife Service [1995] HCA 36; 184 CLR 3013 Toll (FCGT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52; 219 CLR 1657 (14 October 2015) Wright v Foresight Constructions Pty Ltd [2011] NSWCA 327 Texts Cited: Nil Category: Principal judgment Parties: Champion Homes Sales Pty Ltd – Appellant Scott Donald Bailey and Catherine Frances Bailey - Respondents Representation: Counsel: Mr C Stomo – Appellant