S&J Harris Building Services Pty Ltd v Jacques [2022] NSWCATCD 95

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: S&J Harris Building Services Pty Ltd v Jacques [2022] NSWCATCD 95 Hearing dates: 13 and 14 December 2022 Date of orders: 01 June 2022 [amended 14 June 2022] Decision date: 01 June 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 1 June 2022 are amended to read as follows: Decision: 1. In HB 21/17092 Theresa Jacques must pay S&J Harris Building Services Pty Ltd $30,759.81 immediately. 2. In HB 21/19049 S&J Harris Building Services Pty Ltd must carry out the work referred to at [132] and [133] of the Reasons in accordance with the terms therein stated. 3. In HB 21/19049 Theresa Jacques must provide the access referred to at [134] of the Reasons. 4. Theresa Jacques has leave to renew these proceedings if order 2 is not complied with within the period stated. 5. 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. 6. The costs respondent will have 14 days after the date it or she receives the application to lodge in the Tribunal and serve on the costs applicant its or her submissions, if any, in response to the costs application, such submissions either attaching or referring to the documents relied upon. 7. 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. 8. Subject to the parties' submissions, the Tribunal will determine any costs application made on the basis of the papers lodged in the Tribunal. Catchwords: BUILDING and CONSTRUCTION – Costs Plus Contract – Omission of work – Amount to be paid to builder on omission or reduction of work. Legislation Cited: Home Building Act 1989 (NSW) Cases Cited: Blacktown City Council v Hocking [2008] NSWCA 144 Mount Bruce Mining Pty Limited v Wright Prospecting Pty Limited (2015) 256 CLR 104 X-Build Construction Services Pty Ltd v O'Rourke [2020] NSWCATAP 181 Texts Cited: None cited Category: Principal judgment Parties: S&J Harris Building Services Pty Ltd (Applicant) Theresa Jacques (Respondent) Representation: Solicitors: Arch. law (Applicant) Beazley Lawyers (Respondent) File Number(s): HB 21/17092 & HB 21/19049 Publication restriction: Nil