Hunter Prestige Childcare Pty Ltd v Ball [2020] NSWCATAP 33

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hunter Prestige Childcare Pty Ltd v Ball [2020] NSWCATAP 33 Hearing dates: 20 January 2020 Date of orders: 05 March 2020 Decision date: 05 March 2020 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member G Curtin SC, Senior Member Decision: (1) Leave to appeal in relation to Ground 3 refused. (2) The appeal is dismissed. Catchwords: BUILDING AND CONSTRUCTION – contract – breach - consent orders – non-compliance with consent orders – assessment of damages Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80(2)(b), Sch 4 cl 8(1) and (2) Cases Cited: McCrohon v Harith [2010] NSWCA 67 Robert Symes and Kim Louise Filmer v Mick Fabar Constructions Pty Ltd [2015] NSWCATCD 77 Texts Cited: None cited Category: Principal judgment Parties: Hunter Prestige Childcare Pty Ltd (Appellant) Darren Ball (First Respondent) Rebecca Arthur (Second Respondent) Representation: Solicitors: Baker Love (Respondent)

Applicant (Self Represented) File Number(s): AP 19/51269 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 18 October 2019 Before: K Ross, Senior Member File Number(s): HB 19/24517 and HB 19/24519