Nadarasa v Vansan Construction Pty Limited [2018] NSWCATAP 270

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nadarasa v Vansan Construction Pty Limited [2018] NSWCATAP 270 Hearing dates: 12 October 2018 Date of orders: 16 November 2018 Decision date: 16 November 2018 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member L Pearson, Principal Member Decision: (1) Appeal AP18/16031 is dismissed. (2) The appellant is to pay the costs of the respondent, 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: Appeal – home building claim – contract - construction and interpretation of home building contract – cl 17(a) of the BC4 Residential Building Contract (May 2012) –whether Tribunal erred in interpretation and application of the clause Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Australian Consumer Law (NSW) Cases Cited: Coulton v Holcombe (1986) 162 CLR 1 Hide & Skin Trading Pty Ltd v Oceanic Meat Traders Ltd (1990) 20 NSWLR 310 International Air Transport Association v Ansett Australia Holdings Ltd (2008) 234 CLR 151; [2008] HCA 3 Johnson v America Home Assurance Co (1998) 192 CLR 266; [1998] HCA 14 McCann v Switzerland Insurance Australia Ltd (2000) 203 CLR 579; [2000] HCA 65 Walton's Stores (Interstate) Ltd v Maher (1988) 164 CLR 387 Westpac Banking Corporation v Tanzone Pty Limited [2000] NSWCA 25 Texts Cited: Nil Category: Principal judgment Parties: Appellant: Kalaichelvam Nadarasa Respondent: Vansan Construction Pty Ltd Representation: Counsel: R. Winfield (Appellant) A. Singh, Solicitor (Respondent)