Bryant v Slaven; Slaven v Bryant [2020] NSWCATCD 27

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bryant v Slaven; Slaven v Bryant [2020] NSWCATCD 27 Hearing dates: 10 and 11 October 2019 Date of orders: 24 January 2020 Decision date: 24 January 2020 Jurisdiction: Consumer and Commercial Division Before: L Wilson, Senior Member Decision: In HB18/39732: Application dismissed In HB18/47788: Darrell Slaven must pay Emma Bryant and Todd Bryant the sum of $42,913.47 immediately. In both applications: If Mr and Mrs Bryant wish to have a cost order different to the one proposed in paragraph 73, they must make a cost application on or before 18 February 2020. If Mr Slaven receives a cost order from the Bryants, he may provide his submissions and any evidence in response to that cost application by 10 March 2020. These submissions must be filed with the Tribunal and served upon the other party. Catchwords: BUILDING AND CONSTRUCTION — Home Building — Oral contract — Quantum meruit — Claiming more than the contract amount — Residential shed — Defects Legislation Cited: Civil and Administrative Tribunal Rules 2014 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Domestic Building Contracts Act 1995 (Vic) Home Building Act 1989 (NSW) Cases Cited: Bellgrove v Eldridge [1954] HCA 36 County Securities Pty Ltd v Challenger Group Holdings Pty Ltd [2008] NSWCA193 Lodder v Slowey [1904] AC 442 Mann v Paterson Constructions Pty Ltd [2019] HCA 32 McDonald v Dennys Lascelles Ltd (1933) 48 CLR 457 Pavey v Matthews [1987] HCA 5; Florida Kitchens Pty Ltd v No. 1 Cutting Service Pty Ltd [2018] NSWCATAP 281 Texts Cited: Nil Category: Principal judgment Parties: In HB18/39732: Darrell James Slaven (Applicant) Emma Louise Bryant (First Respondent) Todd James Bryant (Second Respondent)