Durastyle Homes Pty Ltd v Gosling; Gosling v Durastyle Homes Pty Ltd [2022] NSWCATCD 106

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Durastyle Homes Pty Ltd v Gosling; Gosling v Durastyle Homes Pty Ltd [2022] NSWCATCD 106 Hearing dates: 2 September 2021; 3 February 2022 Submissions close 17 February 2022 Date of orders: 28 June 2022 Decision date: 28 June 2022 Jurisdiction: Consumer and Commercial Division Before: S Thode, Senior Member Decision: 1. In HB 21/14341 Durastyle Homes Pty Ltd is to pay $13,994.97 to Ty Allen and Deanne Vivienne Gosling immediately. 2. HB 21/02359 is dismissed. 3. I order the builder to pay the owners' costs of the applications on the ordinary basis as agreed or assessed. 4. In the event either party applies for different costs orders, the order for costs made in order (3) above ceases to have effect. 5. For any different application for costs, the following directions apply to that application: (a) The applicant for costs (costs applicant) is to file and serve any evidence and submissions on costs within 14 days of the date of publication of these orders; (b) The respondent to the costs application (costs respondent) is to file and serve any evidence and submissions in reply within 14 days of the date of publication of these orders. (c) the costs applicant is to file and serve any submissions in reply within 21 days from the date of publication of these orders; (d) The submissions of the parties are to include submissions about whether an order should be made dispensing with a hearing of the costs application pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. (e) In the event that both parties apply for a different costs order, 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 – Home Building – Defects claim –– quantum meruit – no evidence of unjust enrichment Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Deacon v National Strategic Constructions Pty Ltd; National Strategic Constructions Pty Ltd v Deacon [2017] NSWCATAP 185; Suecha Pty Ltd v VSD Glass & Timber Pty Ltd [2020] NSWCATAP 170; Woodward v Warwick Green Building Pty Ltd [2021] NSWCATAP 210; Rekrut and Scott v Champion Homes Sales Pty Ltd [2017] NSWCATAP 187; Roude v Helwani [2020] NSWCA 310; Rice v JR and SD Farmer t/as Urban Bespoke Homes [2020] NSWCATAP 208; Paraiso v CBS Build Pty Ltd [2020] NSWSC 190. Texts Cited: Nil Category: Principal judgment Parties: HB 21/02359: Durastyle Homes Pty Ltd (Applicant) Ty Allen Gosling and Deanne Vivienne Gosling (Respondents)