Hassos v Beechwood Homes (NSW) Pty Limited [2022] NSWCATCD 121

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hassos v Beechwood Homes (NSW) Pty Limited [2022] NSWCATCD 121 Hearing dates: 9 December 2021, 29 March 2022 Date of orders: 29 August 2022 Decision date: 29 August 2022 Jurisdiction: Consumer and Commercial Division Before: D Goldstein, Senior Member Decision: 1. Beechwood Homes (NSW) Pty Ltd must pay Polly Polixeni Hassos the sum of $485,817.00 immediately. 2. In the event that a party wishes to bring a costs application, the costs application must be lodged in the Tribunal and served on/given to 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. 3. The costs respondent will have 14 days after the date it receives the application to lodge in the Tribunal and serve on/give to the costs applicant its submissions, if any, in response to the costs application, such submissions either attaching or referring to the documents relied upon. 4. 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. 5. 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 Legislation Cited: Home Building Act 1989 Civil and Administrative Tribunal Act 2013 Cases Cited: Alexander and Others v Cambridge Credit Corporation Ltd (1987) 9 NSWLR 310 Browne v Dunn (1893) 6 R 67 Seltsam Pty Limited v McGuiness; James Hardie & Coy Pty Limited v McGuiness [2000] NSWCA 29 (7 March 2000) Chappel v Hart (1998) 156 ALR 517 Category: Principal judgment Parties: Polly Polixeni Hassos (Applicant) Beechwood Homes (NSW) Pty Limited (Respondent) Representation: Solicitors: Snelgroves Solicitors (Applicant) Respondent was self-represented File Number(s): HB 21/08577 Publication restriction: Nil