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ARTICLE · 05 DECEMBER 2016

Residential Focus - 30 November 2016

Holding Redlich
Holding Redlich
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Holding Redlich

Holding Redlich

Holding Redlich is a large national commercial firm with offices in Melbourne, Canberra, Sydney,...

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The newsletter includes links to media releases, reports, cases and other issues relating to residential property in NSW.

AustraliaReal Estate and Construction
Samuel Lane
Samuel Lane
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Antworks Pty Ltd v Mac [2016] NSWCATAP 240

In the matter of Antworks Pty Ltd v Mac [2016] NSWCATAP 240, the Tribunal considered an application for a stay, pending an appeal. The net effect of the orders of the Tribunal below was that Antworks (the Builder) pay to Mac (the Owner) the amount of $72,689.27.

In the appeal the Builder raised a procedural fairness point and argued that the Tribunal was in error as to calculating the contractual date for completion and rejecting claims for extension of time.

In the stay application, the Builder repeated its grounds of appeal and argued that should the original orders stand, the Owner would obtain an unjust enrichment and that the Builder would be unable to continue to operate its business and prosecute the appeal simultaneously.

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