Elias v McGauley [2019] NSWCATAP 237

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Elias v McGauley [2019] NSWCATAP 237 Hearing dates: 9 July 2019 Date of orders: 24 September 2019 Decision date: 24 September 2019 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member G.Sarginson, Senior Member Decision: (1) The stay of order 1 of the Tribunal made on 21 January 2019 is lifted (2) An extension of time in which to bring the appeal is refused (3) The appeal is dismissed. Catchwords: APPEALS---Civil procedure ---Extension of time for appeal - Service of documents on corporation- procedural fairness--

APPEALS---Building and Construction---Rectification of defective building work---Damages ---Sale of property without rectification---Effect on assessment of damages Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Corporations Act 2001 (C'th) Home Building Act 1989 (NSW) Interpretation Act 1987 (NSW) Cases Cited: Bellgrove v Eldridge [1954] HCA 36; (1954) 90 CLR 613 Cordon Investments Pty Ltd v Lesdor Properties Pty Ltd [2012] NSWCA 184 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Tabcorp Holdings Pty Ltd v Bowen Investments Pty Limited [2009] HCA 8; (2009) 236 CLR 272 Category: Principal judgment Parties: Mikhael Elias (First Appellant) Boral Stripout and Demolition Pty Limited (Second Appellant) Paul McGauley (First Respondent) Kerrilyn Currie (Second Respondent) Representation: Counsel: E Yin (Appellants)