Ling v Xu [2022] NSWCATCD 77

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ling v Xu [2022] NSWCATCD 77 Hearing dates: 7 and 8 April 2022 Date of orders: 09 May 2022 [amended 26 May 2022] Decision date: 09 May 2022 Jurisdiction: Consumer and Commercial Division Before: D Goldstein, Senior Member

Pursuant to Section 63 of the Civil and Administrative Tribunal Act 2013, orders published on 9 May 2022 are amended on 26 May 2022. Decision: 1. Weijiang Xu also known as Jeff Xu must pay Wei Ling $66,206.39 immediately. 2. HB 21/43872 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/she receives the application to lodge in the Tribunal and serve on the costs applicant his or her submissions, if any, in response to the costs application, 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 & CONSTRUCTION – Termination – Construction of contract – unlicensed contractor – Quantum meruit Legislation Cited: Home Building Act 1989 (NSW) Home Building Regulation 2014 (NSW) Cases Cited: DB Homes Australia Pty Limited v Kes [2019] NSWCATAP 221 Nyunt v North Shore Homes Pty Ltd [2020] NSWCATAP 143 Robinson v Harman (1848) 1 Ex.850 Texts Cited: None cited Category: Principal judgment Parties: Wei Ling (Applicant) Weijiang Xu also known as Jeff Xu (Respondent) Shuxin Zhou (Second Respondent) Representation: Applicant (Self represented) Respondent (Self represented) Second respondent (Self represented) File Number(s): HB 21/29372 & HB 21/43872 Publication restriction: Nil