Harding v Horticultural Holdings Pty Ltd [2022] NSWCATCD 22

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Harding v Horticultural Holdings Pty Ltd [2022] NSWCATCD 22 Hearing dates: 20 January 2022 Date of orders: 31 January 2022 Decision date: 31 January 2022 Jurisdiction: Consumer and Commercial Division Before: Graham Ellis SC, Senior Member Decision: 1. The respondent is to pay the applicants $84,340.87 immediately. 2. Any documents and/or submissions upon which the applicants wish to rely in relation to costs are to be provided to the Tribunal and the respondent on or before 14 February 2022. 3. Any documents and/or submissions upon which the respondent wishes to rely in response are to be provided to the Tribunal and the applicants on or before 28 February 2022. 4. Any submissions from the applicants in reply are to be provided to the Tribunal and the respondent on or before 14 March 2022. 5. Leave is granted for any such submissions to be provided electronically to the other party and the Tribunal. 6. Any such submissions are to indicate whether it is agreed that the Tribunal should dispense with a hearing on the question of costs. Catchwords: BUILDING AND CONSTRUCTION - Defective work - Repair or replacement - Work order or money order Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: Bellgrove v Eldridge [1954] HCA 36 Brooks v Gannon Constructions Pty Limited [2017] NSWCATCD 12 Cachia v Haines [1994] HCA 14 Galdona v Peacock [2017] NSWCATAP 64 Hadley v Baxendale (1854) 9 Ex 341 Haines v Bendall [1991] HCA 15 Kurmond Homes Pty Ltd v Marsden [2018] NSWCATAP 23 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305 Sauvage v Cleardon [2017] NSWCATAP 47 Taylor v Johnson [1983] HCA 5 Texts Cited: Nil Category: Principal judgment Parties: Michael Harding (First Applicant) Polly Harding (Second Applicant) Horticultural Holdings Pty Ltd (Respondent) Representation: First Applicant (Self-represented) Second Applicant (Self-represented) Mr and Mrs Dwyer (Respondent) File Number(s): HB 21/25869 Publication restriction: Nil