Ochudzawa v Lepagier; Lepagier v Ochudzawa [2022] NSWCATCD 57

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ochudzawa v Lepagier; Lepagier v Ochudzawa [2022] NSWCATCD 57 Hearing dates: 13 and 14 September 2021 Submissions Close 5 November 2021 Date of orders: 31 January 2022 Decision date: 31 January 2022 Jurisdiction: Consumer and Commercial Division Before: S Thode, Senior Member Decision: (1) In proceedings HB 21/09594 [Ochudzawa v Lepagier]. The application is dismissed. (2) In HB 20/38644 [Tectonic Pools Pty Ltd v Ochudzawa] the respondents Joanna Ochudzawa and Simon Ochudzawa are to pay $38,206.36 to Tectonic Pools Pty Ltd immediately. (3) In HB 20/33001 [Lepagier v Ochudzawa] Joanna Ochudzawa and Simon Ochudzawa are to pay $45,583.24 to Mirco Lepagier immediately. (4) Any application for costs is to be made in writing to the Tribunal (with a copy sent to the other party) within 14 days of the date of publication of these reasons for decision and is to include submissions. (5) Any submission in response to the costs application is to be provided to the Tribunal and the other party within 14 days of receipt of the costs application. (6) Any submission in reply is to be provided to the Tribunal within seven days thereafter. (7) In their submissions on costs, the parties are to address whether the issue of costs can be determined without a hearing, on the basis of the written submissions. (8) In the event that all parties apply for costs, an indexed and paginated bundle of all costs submissions is to be provided to the Tribunal at the end of the submission period. Catchwords: BUILDING AND CONSTRUCTION — Defects claim – oral agreement – implied term Legislation Cited: Home Building Act 1989 (NSW) Cases Cited: Alexander & Anor v Gregoriou and Ors [2010] NSWDC 15 Maygood Australia Pty Ltd v The Owners – Strata Plan No 85338 [2020] NSWCATAP 237 Deacon v National Strategic Constructions Pty Ltd; National Strategic Constructions Pty Ltd v Deacon [2017] NSWCATAP 185 G MacFayden and Anor v G Tadrosse [2014] NSWCATCD 194 Bannister & Hunter v Transition Resort Holdings (No.3) [2013] NSWSC 1943 Voli v Inglewood Shire Council (1963) 110 CLR 7429 Texts Cited: Nil Category: Principal judgment Parties: HB 20/38644: Tectonic Pools Pty Ltd (Applicant) Joanna and Simon Ochudzawa (Respondents)