LeLievre v Dave King Building Services Pty Ltd [2020] NSWCATCD 11

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: LeLievre v Dave King Building Services Pty Ltd [2020] NSWCATCD 11 Hearing dates: 17 September 2019 Date of orders: 31 January 2020 Decision date: 31 January 2020 Jurisdiction: Consumer and Commercial Division Before: D Goldstein, Senior Member Decision: (1) Dave King Building Services Pty Ltd must pay Stuart Gregory LeLievre the sum of $86,104.62 immediately. (2) The application against David Warwick King is dismissed. (3) 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. (4) The costs respondent will have 14 days after the date he or it receives the application to lodge in the Tribunal and serve on the costs applicant their or its submissions, if any, in response to the cost applicant's costs application, such submissions either attaching or referring to the documents relied upon. (5) The cost applicant will have 14 days after the date he or it receives the cost respondent's submissions to lodge in the Tribunal and serve on the costs respondent their or its submissions, if any, in reply, such submissions either attaching or referring to the documents relied upon. (6) 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. (7) Subject to the parties' submissions, the Tribunal will determine any costs application on the basis of the papers lodged in the Tribunal. Catchwords: HOME BUILDING – Do and charge contract – defective work – No question of principle Legislation Cited: Home Building Act 1989 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Commonwealth v Amann Aviation Pty Ltd [1991] HCA 54 JLW (Vic) Pty Ltd v Tsiloglou and Others [1994] Vic Rp 16; [1994] 1 VR 237 Nguyen v Cosmopolitan Homes [2008] NSWCA 246 Tuck v White [2016] NSWCATAP 132 Texts Cited: Nil Category: Principal judgment Parties: Stuart Gregory LeLievre (Applicant) Dave King Building Services Pty Ltd (First Respondent) David Warwick King (Second Respondent) Representation: Counsel: Mr A Munro (First and Second Respondent)