Florida Kitchens Pty Ltd v No 1 Cutting Service Pty Ltd [2018] NSWCATAP 281

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Florida Kitchens Pty Ltd v No 1 Cutting Service Pty Ltd [2018] NSWCATAP 281 Hearing dates: 27 September 2018 Date of orders: 27 November 2018 Decision date: 27 November 2018 Jurisdiction: Appeal Panel Before: S Higgins, Senior Member D A C Robertson, Senior Member Decision: (1) The appellant's application for an extension of time to lodge an appeal against the decision of Senior Member Meadows of 5 December 2017 is refused. (2) Leave to appeal against the decision of Senior Member Meadows of 12 June 2018 is refused. (3) The appeal in respect of both decisions is dismissed. (4) The respondent's application for the costs of the appeal is refused. (5) Each party to the appeal is to pay their own costs of the appeal. Catchwords: APPEAL – Procedural fairness – whether preventing the continuation of a line of cross examination was a breach of procedural fairness BUILDING AND CONSTRUCTION – home building – parties to contract – contract not in writing – contractor unlicensed - whether contractor entitled to quantum meruit COSTS – whether special circumstances – relevance of offer made in Local Court before proceedings transferred to Tribunal – relevance of offer to costs on appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Home Building Regulation 2014 (NSW) Legal Profession Act 2004 (NSW) Cases Cited: Brown Bros v Pittwater Council [2015] NSWCA 215 Bezzina v Nigel [2016] NSWCATAP 45 Calderbank v Calderbank [1975] 3 All ER 333 Gallo v Duflou [2014] NSWCATAP 115 Grace v Thomas Street Café (No.2) [2008] NSWCA 72 Habib v State of New South Wales (NSW Police Force) [2014] NSWCATAP 70 Hancock & Claringbold v Calalla Bayside Realty [2016] NSWCATAP 60 House v The King (1936) 55 CLR 499 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Jones v Dunkel (1959) 101 CLR 298 Lauer v Comer [2016] NSWCATAP 99 McKeith v Royal Bank of Scotland PLC (No.2) [2016] NSWCA 260 Michael Wilson & Partners v Nicholls (2011) 244 CLR 427 Nayak v Rockwall Constructions [2017] NSWCATAP 18 O'Connor v LEAW Pty Ltd (1997) 42 NSWLR 285 Pavey v Matthews (1987) 162 CLR 221 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Sopov v Kane Constructions Pty Ltd [No.2] (2009) 24 VR 10 Zucker v Burbank Montague Pty Ltd [2018] NSWCATAP 135 Texts Cited: Aronson Groves & Weeks, Judicial Review of Administrative Action and Government Liability 6th ed. 2017 Category: Principal judgment Parties: Florida Kitchens Pty Ltd (Appellant) No 1 Cutting Service Pty Ltd (Respondent) Representation: Counsel: S Milanovic (Appellant) S Bell (Respondent)