RSK Construction Pty Ltd v Caruana [2019] NSWCATAP 246

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: RSK Construction Pty Ltd v Caruana [2019] NSWCATAP 246 Hearing dates: 31 July 2019 Date of orders: 04 October 2019 Decision date: 04 October 2019 Jurisdiction: Appeal Panel Before: T Simon, Senior Member J Kearney, Senior Member Decision: (1) Leave to appeal is refused; (2) The appeal is dismissed; (3) Stay order made 11 June 2019 is lifted; and (4) The application for costs is dismissed. Catchwords: APPEAL – procedural fairness, damages or rectification, leave to appeal, no issue of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Fair Trading Act 1987 Home Building Act 1989 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 Flat Glass Industries Ltd v MCS Builders Pty Ltd [2015] NSWCATAP 148 Jackson v NK Tiling [2017] NSWCATAP 106 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: None cited Category: Principal judgment Parties: RSK Construction Pty Ltd (Appellant) Richard Caruana (Respondent) Representation: Solicitors: M Kirsten (Proprietor)(Appellant) Respondent (Self Represented) File Number(s): AP19/24874 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 29 April 2019 Before: S. Smith, Member File Number(s): HB 18/40597 and HB 18/38380