Sleiman t/as Perfect Kitchens v Dempsey [2020] NSWCATAP 26

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sleiman t/as Perfect Kitchens v Dempsey [2020] NSWCATAP 26 Hearing dates: 14 November 2019 Date of orders: 26 February 2020 Decision date: 26 February 2020 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President D Robertson, Senior Member Decision: (1) Appeal allowed. (2) Set aside the decision of 2 August 2019 and the costs decision of 18 September 2019. (3) Applications HB 18/49798 and HB 18/40912 are both dismissed with no order as to costs. (4) Each party is to bear their own costs of the appeal. Catchwords: BUILDING AND CONSTRUCTION – Contract – damages for breach of contract 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 Galati v Deans (No 3) [2018] NSWSC 1861 Kapeller v BH Australia Constructions Pty Ltd [2019] NSWCATAP 104 Prendergast v Western Murray Irrigation [2014] NSWCATAP 69 Texts Cited: None cited Category: Principal judgment Parties: Ali Sleiman and Hassan Sleiman t/as Perfect Kitchens (Appellants)

Gail Lynette Dempsey (Respondent) Representation: Counsel: T Wong (Applicant)

Solicitor: Byles Anjos Lawyers (Applicant) Respondent: (Self Represented) File Number(s): AP 19/39619 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: None cited Date of Decision: 02 August 2019 Before: S Thode, Senior Member File Number(s): HB 18/49798; HB 18/40912