Sewell v Bush [2019] NSWCATAP 161

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sewell v Bush [2019] NSWCATAP 161 Hearing dates: 20 June 2019 Date of orders: 20 June 2019 Decision date: 01 July 2019 Jurisdiction: Appeal Panel Before: Cole DCJ, Deputy President G Burton SC, Senior Member Decision: 1. The appeal is allowed. 2. The decision and the orders in claim numbers HB 18/17256 and HB 18/34797, published on 27 March 2019, are set aside. 3. In finalisation of both matters together, Gregory Bush must pay to Lynette Sewell the sum of $2,032.50 on or before 18 July 2019. 4. Lynette Sewell has leave to seek the payment out from the Tribunal of the sum deposited by her on account of the stay application. Catchwords: CONTRACTS – breach of contract – quantum of damages - procedural fairness Cases Cited: Bellgrove v Eldridge [1954] HCA 36 Kioa v West [1985] HCA 81 RCB v The Honourable Justice Forrest (2012) 247 CLR 304 Tabcorp Holdings Ltd v Bowen Investments Pty Ltd (2009) 236 CLR 272, [2009] HCA 8 Walker Group Constructions Pty Ltd v Tzaneros Investments Pty Ltd [2017] NSWCA 27 Warkworth Mining Limited V Bulga Milbrodale Progress Association Inc [2014] NSWCA 105 Texts Cited: Hudson on Building Contracts (7th ed,1946) at 343 Category: Principal judgment Parties: Lynette Sewell (Appellant) Gregory Bush (Respondent) Representation: Solicitor: LS Legal Pty Ltd (Appellant)