K&J Vision Pty Ltd v Jows Construction Pty Ltd [2019] NSWCATAP 112

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: K&J Vision Pty Ltd v Jows Construction Pty Ltd [2019] NSWCATAP 112 Hearing dates: 12 December 2018 Date of orders: 02 May 2019 Decision date: 02 May 2019 Jurisdiction: Appeal Panel Before: R. L. Hamilton SC R Perrignon Decision: (1) Grant leave to the Appellant to rely on its Amended Notice of Appeal, noting that Grounds 1 and 5 are not pressed. (2) Set aside orders no 1, 2 and 3 below. (3) Remit the matter to the Tribunal differently constituted for rehearing, limited to an assessment of damages for breach of contract by the Owner, and the issue of costs, on the basis of such evidence or further evidence as the Tribunal may in its discretion allow. (4) Each party to pay its own costs of the appeal, unless it makes written application for costs with submissions in support by 10 May 2019. (5) In the event that either party applies for its costs on appeal, the other shall file written submissions in reply by 17 May 2019. Catchwords: APPEALS - Home building contract – outstanding progress claims – repudiation of contract – termination of contract – calculation of damages for breach - adequacy of reasons - error of law Legislation Cited: Civil & Administrative Tribunal Act 2013, Home Building Act 1989 Cases Cited: Commonwealth v Amann Aviation Pty Limited (1991) 174 CLR 64 Robinson v. Harman [1848] EngR 135 Category: Principal judgment Parties: K&J Vision Pty Ltd – Appellant Jows Construction Pty Ltd - Respondent Representation: Counsel: Mr Klooster – Appellant Ms Granger – Respondent