Fisher v N. Phillips and M. Phillips t/as Arise Building Services [2022] NSWCATCD 80

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fisher v N. Phillips and M. Phillips t/as Arise Building Services [2022] NSWCATCD 80 Hearing dates: 16 and 17 December 2021. Written submissions to 15 February 2022. Date of orders: 25 May 2022 Decision date: 25 May 2022 Jurisdiction: Consumer and Commercial Division Before: G Sarginson, Senior Member Decision: (1) The respondent, N. Phillips and M. Phillips t/as Arise Building Services, is to pay the applicant, Craig Fisher and Theresa Fisher, the sum of $49,168.35 by 28 days from the date of this decision. (2) The respondent is to pay the applicant's costs of proceedings in Matter HB 20/51723 as agreed or assessed on the basis set out in the legal costs legislation (as defined in s 3A of the Legal Profession Uniform Law Application Act 2014 (NSW)). (3) If either party seeks a different costs order to order 2 above it must inform the other party and the Tribunal in writing within 14 days of the date of this decision. (4) If an application for a different costs order is made in accordance with order 3 above the Tribunal will issue procedural directions and orders to facilitate the disposition of the costs application. Catchwords: BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Contract — Defects — Major defect — Assessment of damages BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Defences — s 18F Home Building Act 1989 (NSW) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Design and Building Practitioners Act 2020 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Home Building Act 1989 (NSW) Cases Cited: Ashton v Stevenson; Stevenson v Ashton [2020] NSWCATAP 233 Catapult Constructions Pty Ltd v Denison [2018] NSWCATAP 158 Deacon v National Strategic Constructions Pty Ltd; National Strategic Constructions Pty Ltd v Deacon [2017] NSWCATAP 185 Garofali v Moshkovich [2021] NSWCATAP 242 Kurmond Homes Pty Ltd v Marsden [2018] NSWCATAP 23 Oshlack v Richmond River Council [1998] HCA 11; (1998) 139 CLR 72 Parsons v Adams [2019] NSWCATAP 301 RBV Builders Pty Ltd v Chedra [2021] NSWCATAP 56 Stefanis v Oneview Construction Pty Ltd [2019] NSWCATAP 218 Stevenson v Ashton [2019] NSWSC 1689 Texts Cited: Nil Category: Principal judgment Parties: Craig Fisher and Theresa Fisher (Applicant) N. Phillps and M. Phillips t/as Arise Building Services (Respondent) Representation: Counsel: D Neggo (Applicant)