DSA Building Pty Ltd v Geronikos; Geronikos v DSA Building Pty Ltd [2016] NSWCATAP 187

DSA Building Pty Ltd v Geronikos; Geronikos v DSA Building Pty Ltd [2016] NSWCATAP 187

A stay was granted in part because the appellant conceded a sum was payable ($13,340.40), evidence demonstrated an arguable error in the calculation of damages, risk of irrecoverability if paid, and respondents' urgent repairs related to items not awarded by Tribunal; interests of justice supported conditional stay pending appeal.

Jurisdiction
Australia
Judgment Date
24 August 2016
Procedural Posture
Appeal / Stay Application Prior to Determination of Appeal
Outcome
order for payment stayed in part, subject to conditions
Legal Topics
['stay of Orders' 'damages for Defective Work' 'liquidated Damages']
['civil Procedure' 'building and Construction'] ['stay of Orders' 'damages for Defective Work' 'liquidated Damages']

Case Brief

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Procedural Posture

Appeal / Stay Application Prior to Determination of Appeal

Legal Issues

  1. 1 ['whether a stay of orders should be granted pending appeal' 'assessment of financial capacity and impact of immediate payment' 'balance of convenience and interests of justice in granting a stay']

Ratio Decidendi

A stay was granted in part because the appellant conceded a sum was payable ($13,340.40), evidence demonstrated an arguable error in the calculation of damages, risk of irrecoverability if paid, and respondents' urgent repairs related to items not awarded by Tribunal; interests of justice supported conditional stay pending appeal.

Court Disposition

order for payment stayed in part, subject to conditions

Orders

  • ['Hearing dispensed with under s 50(2) Civil and Administrative Tribunal Act, 2013.' "Order for payment of $77,841.86 stayed on condition: within seven days, $13,340.40 paid to respondents; within seven days, $41,000.00 paid to respondents' solicitor trustee to be held pending appeal determination." 'Respondents may...