Allen v Wallace [2019] NSWCATAP 58

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Allen v Wallace [2019] NSWCATAP 58 Hearing dates: 19 December 2018 Date of orders: 18 March 2019 Decision date: 18 March 2019 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member D A C Robertson, Senior Member Decision: (1) Appeal allowed in part.

(2) Set aside orders 1 and 3 to11 made by the Tribunal on 4 July 2018.

(3) The proceedings, being applications HB 16/05215 and HB 16/38505, are remitted to the Consumer and Commercial Division of the Tribunal, differently constituted, for hearing according to law and in accordance with these reasons.

(4) Order 2 made by the Tribunal on 4 July 2018 is stayed until determination of the proceedings.

(5) Set aside the orders concerning costs made by the Tribunal on 31 October 2018.

(6) Either party may within 14 days of the date of publication of this decision file written submissions concerning the costs of the appeal. Such submissions should address the question whether the issue of costs can be determined on the papers without a hearing.

(7) If a party files submissions in accordance with Order (6) above, the other party may file written submissions in response within a further 14 days, such submissions should address the question whether the issue of costs can be determined on the papers and without a further hearing. Catchwords: BUILDING AND CONSTRUCTION – Home Building – cost plus contract – repudiation – misleading and deceptive conduct – adequacy of reasons Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 2009 (NSW) Cases Cited: Amalgamated Investment & Property Co Ltd (in liq) v Texas, International Bank Ltd [1982] QB 84 Christie v Mastores [2016] WADC 137 Collins v Urban [2014] NSWCATAP 17 Jung v Son [1998] NSWCA 120 Keen Mar Corp Pty Ltd v Labrador Park Shopping Centre Pty Ltd [1989] FCA 54; (1989) 67 LGRA 238 Netaf Pty Ltd v Bikane Pty Ltd (1990) 26 FCR 305 Moussa Enterprises Pty Ltd v Stanford [2015] NSWCATAP 99 Orr v New South Wales Land & Housing Corporation (No 2) [2018] NSWSC 1909 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Renard Constructions (ME) Pty Ltd v Minister for Public Works (1992) 26 NSWLR 234 Walker Corporation Pty Ltd v Sydney Harbour Foreshore Authority [2009] NSWCA 178; (2009) 168 LGERA 1 Waterman v Gerling Australia Insurance Co Pty Ltd [2005] NSWSC 1066 Category: Principal judgment Parties: Jo-Anne Allen (Appellant) Cameron Wallace and Judith Alison Wallace t/as C & JA Wallace (Respondents) Representation: Counsel: C Simpson (Appellant) J Manner (Respondents)