Aust Tech Engineering & Supplies Pty Ltd v Adam [2021] NSWCATAP 155

Aust Tech Engineering & Supplies Pty Ltd v Adam [2021] NSWCATAP 155

The Tribunal made a mathematical error in including the $17,960 fencing variation in the contract sum paid rather than as a separate variation item, resulting in an incorrect calculation of amounts payable. The correct calculation is that the homeowners owe the builder $20,561.81 after reconciling contract sum underpayments and variations. Extension of time for appeal is granted as delay was reasonably explained and there is no prejudice to respondents.

Parties
Appellant: Aust Tech Engineering & Supplies Pty Ltd; First Respondent: Yalda Adam; Second Respondent: Marine Aziz
Jurisdiction
Australia
Judgment Date
28 May 2021
Procedural Posture
Appeal / Hearing on the Papers; Decision of Appeal Panel
Outcome
Appeal allowed
Legal Topics
Miscalculation of Amounts, Extension of Time, Enforcement of Judgments
Home Building Civil Procedure Miscalculation of Amounts Extension of Time Enforcement of Judgments

Case Brief

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Parties

Aust Tech Engineering & Supplies Pty Ltd

Appellant

Yalda Adam

First Respondent

Marine Aziz

Second Respondent

Procedural Posture

Appeal / Hearing on the Papers; Decision of Appeal Panel

Legal Issues

  1. 1 Whether there was a mathematical error in the Tribunal's calculation of amounts payable by each party
  2. 2 Whether extension of time for appeal should be granted

Ratio Decidendi

The Tribunal made a mathematical error in including the $17,960 fencing variation in the contract sum paid rather than as a separate variation item, resulting in an incorrect calculation of amounts payable. The correct calculation is that the homeowners owe the builder $20,561.81 after reconciling contract sum underpayments and variations. Extension of time for appeal is granted as delay was reasonably explained and there is no prejudice to respondents.

Court Disposition

Appeal allowed

Orders

  • Time to commence the appeal is extended to 25 January 2021.
  • Leave is granted to appeal against the Decision.