Akbarian v Stibilj [2020] NSWCATAP 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Akbarian v Stibilj [2020] NSWCATAP 1 Hearing dates: 27 November 2019 Date of orders: 08 January 2020 Decision date: 08 January 2020 Jurisdiction: Appeal Panel Before: D Charles, Senior Member A Boxall, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. Catchwords: APPEAL – home building – claim for variations on quantum meruit basis – leave to appeal refused – 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: Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Ingate v Andrews [2018] NSWCATAP 99 Mitchell v Cullingral Pty Ltd [2012] NSWCA 389 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Arash Akbarian (Appellant) Vinko Stibilj (Respondent) Representation: M Akbarian (Appellant) M Stibilj (Respondent) File Number(s): AP 19/44151 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 23 September 2019 Before: C Paull, Senior Member File Number(s): HB 17/37302; HB 17/43422