Paraiso v CBS Build Pty Ltd [2019] NSWCATAP 211

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Paraiso v CBS Build Pty Ltd [2019] NSWCATAP 211 Hearing dates: 1 July 2019 Date of orders: 19 August 2019 Decision date: 19 August 2019 Jurisdiction: Appeal Panel Before: D Charles, Senior Member A Boxall, Senior Member Decision: (1) The appeal is dismissed. (2) Subject to the orders below, the appellant is to pay the respondent's costs of the appeal as agreed or as assessed in accordance with the applicable costs assessment legislation, on the ordinary basis. (3) Direct that if a party contends for any different costs order, such application (including submissions of no more than 5 A4 size pages) and evidence (if not already filed) must be filed within 14 days of the date of these orders. (4) Direct that the respondent to any costs application is to file and serve submissions of no more than 5 A4 size pages and evidence (if not already filed) within 14 days thereafter. (5) Direct that the applicant for costs may file and serve submissions in reply of no more than 2 A4 size pages within 7 days thereafter. (6) Direct that any submission as to costs must include submissions addressing whether an order should be made dispensing with a hearing pursuant to section 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). (7) If an application for a different costs order is made, the order for costs above shall cease to have effect. Catchwords: APPEAL – Home Building – claim for variations on contractual basis – further claims for adjustment of provisional sum - alternative claims by builder on quantum meruit basis – no error of law – leave to appeal declined Legislation Cited: Civil and Administrative Tribunal Act 2013 NSW Civil and Administrative Tribunal Rules 2014 NSW Home Building Act 1989 NSW Cases Cited: Collins v Urban [2014] NSWCATAP 17 Pholi v Wearne [2014] NSWCATAP 78 Ingate v Andrews [2018] NSWCATAP 99 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Texts Cited: None cited Category: Principal judgment Parties: Rica Paraiso (Appellant) CBC Build Pty Ltd (Respondent) Representation: Counsel: B De Buse (Appellant) R Freeman (Respondent)