Rockwall Homes Pty Ltd V Khoury t/as Sungary Services [2019] NSWCATCD 76

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rockwall Homes Pty Ltd V Khoury t/as Sungary Services [2019] NSWCATCD 76 Hearing dates: 19 July 2019 and 26 September 2019 Date of orders: 10 October 2019 Decision date: 10 October 2019 Jurisdiction: Consumer and Commercial Division Before: M Eftimiou, Member Decision: The application is dismissed. Legislation Cited: Fair Trading Act 1987 Civil and Administrative Tribunal Rules 2014 Civil and Administrative Tribunal Act 2013. Cases Cited: Hadley v Baxendale (1854) 9 Exch 341. Marcourt v Clark[2012]NSWCA 367 Briginshaw v Briginshaw (1938) 60 CLR Shevill v Builders Licensing Board (1982) 149CLR 620). Laurinda Pty Ltd (1989) v Capalaba Park Shopping Centre Pty Ltd ( 1989)166 CLR at 657 Category: Principal judgment Parties: Applicant: Rockwall Homes Pty Ltd Respondent M Khoury t/as Sundary Services Representation: Mr Ayache Solicitor for the applicant. Mr Hickey of Counsel for the respondent. File Number(s): GEN 19/18013 Publication restriction: Nil

REASONS FOR DECISION 1. This is an application filed by Rockwall Homes Pty Ltd (the applicant) on 15 April 2019, for an order pursuant to section 79N of the Fair Trading Act 1987(FT Act) that would require Minerva Khoury t/as Sungary Services (the respondent) to pay it a total of $39,580.19 in compensation for damage and loss it alleges it has incurred due to the respondent's breach of performance obligations under contract. 2. For the reasons set out following, the Tribunal is not satisfied that the applicant is entitled to be compensated $39,580.19. The Tribunal is not satisfied that the respondent has breached the terms of the agreement. 3. The applicant is legally represented by Mr Ayache. The respondent is legally represented by Mr Hickey.