Gaskell and Bourke v Northshore Homes Pty Ltd and Nazha [2021] NSWCATCD 33

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gaskell and Bourke v Northshore Homes Pty Ltd and Nazha [2021] NSWCATCD 33 Hearing dates: 2 February 2021 Date of orders: 8 June 2021 Decision date: 07 June 2021 Jurisdiction: Consumer and Commercial Division Before: D. Goldstein, Senior Member Decision: 1. Sami Nazha must pay Aaron Gaskell and Serena Bourke the sum of $221,344.0000 immediately. 2. In the event that a party wishes to bring a costs application, the costs application must be lodged in the Tribunal and served on the costs respondent within 14 days of the date of the orders in these proceedings either attaching or referring to the documents relied upon in support of the application. 3. The costs respondent will have 14 days after the date they or he receives the application to lodge in the Tribunal and serve on the costs applicant his or their submissions, if any, in response to the costs application, such submissions either attaching or referring to the documents relied upon. 4. The cost applicant will have 14 days after the date he or they receives the cost respondent's submissions to lodge in the Tribunal and serve on the costs respondent their or his submissions, if any, in reply, such submissions either attaching or referring to the documents relied upon. 5. The parties must state in their submissions whether or not they consent to the costs application being determined on the basis of the parties written submissions and attached documents, if any, without the need for a hearing. 6. Subject to the parties' submissions, the Tribunal will determine any costs application on the basis of the papers lodged in the Tribunal. Catchwords: BUILDING and CONSTRUCTION – Misleading and deceptive conduct – Director's liability for statements made on behalf of company – Scope of section 74(3) of the Fair Trading Act 1987(NSW) – Jones v Dunkel inferences Legislation Cited: Fair Trading Act 1987(NSW) Fair Trading Act 1999 (Vic) Home Building Act 1989 (NSW) Home Building Regulation 2014 (NSW) Work Health and Safety Regulation 2017 (NSW) Cases Cited: Australian Olympic Committee, Inc. v Telstra Corporation Limited [2016] FCA 857 CH Real Estate Pty Ltd v Jainran Pty Ltd; Boyana Pty Ltd v Jainran Pty Ltd [2010] NSWCA 37 Gaskell v Denkas Building Services Pty Limited [2008] NSWCA 35 Houghton v Arms [2006] HCA 59; (2006) 225 CLR 553 Jenkinson v Chaw [2015] NSWCATAP 127 Jones v Dunkel (1959) 101 CLR 298 Manly Council v Byrne [2004] NSWCA 123 Payne v Parker [1976] 1 NSWLR 191 Texts Cited: None cited Category: Principal judgment Parties: Applicants : Aaron Gaskell and Serena Bourke Second Respondent : Sami Nazha Representation: Counsel: Ms M. McMahon for Aaron Gaskell and Serena Bourke