Scuderi v Corfu Pools Pty Limited [2019] NSWCATCD 74

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Scuderi v Corfu Pools Pty Limited [2019] NSWCATCD 74 Hearing dates: 11 June 2019, 28 August 2019 Date of orders: 29 October 2019 Decision date: 29 October 2019 Jurisdiction: Consumer and Commercial Division Before: Member S de Jersey Decision: The application is dismissed. Catchwords: Statutory warranties, home building work Legislation Cited: Fair Trading Act NSW 1987 Home Building Act NSW 1989 Cases Cited: Donoghoe v Compass Housing Services [2015] NSWCATAP 97 (22 May 2015) Category: Principal judgment Parties: Antonio Scuderi Dorothy Scuderi Corfu Pools Pty Limited Representation: Counsel: n/a Solicitors: n/a File Number(s): HB 19/07720 Publication restriction: Nil

REASONS FOR DECISION

HEARING 1. The hearing in this matter took place on 11 June 2019 and 28 August 2019. Both parties gave oral evidence and relied on documentary evidence. At the end of the hearing on 11 June 2019, directions were made for further submissions. Further submissions were provided and the application was allocated a further hearing to take place on the papers on 28 August 2019.

DOCUMENTS 1. The applicants relied on the following documents: * Folder of documents dated 15 April 2019 * Bundle of documents handed up at the hearing on 11 June 2019 * Statement of Mr Radovancevic received on 19 June 2019 * Written submission dated 3 July 2019. 1. The respondent relied on the following documents: * Folder of documents dated 3 June 2019 * Statement of M Wiesemes dated 24 June 2019 * Written submission dated 10 July 2019