Krolczyk v Winner t/as J Winner Building Services (No 2) [2022] NSWCA 241

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Krolczyk v Winner t/as J Winner Building Services (No 2) [2022] NSWCA 241 Hearing dates: On the papers Date of orders: 29 November 2022 Decision date: 29 November 2022 Before: White JA at [1] Kirk JA at [2] Griffiths AJA at [3] Decision: (1) The appeal be allowed in part. (2) There be no order as to costs of the appeal. (3) The orders dated 9 August 2021 and 20 October 2021 of the District Court be set aside and replaced by the following orders: (a) Judgment for the plaintiffs against the first defendant. (b) The first defendant pay the plaintiffs $25,790.43 by way of damages. (c) The plaintiffs pay two-thirds of the costs of the first defendant. Catchwords: JUDGMENTS AND ORDERS – Orders to give effect to reasons in principal judgment Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Krolczyk v Winner t/as J Winner Building Services [2022] NSWCA 196 Category: Consequential orders Parties: Ted Peter John Krolczyk (First Appellant) Janice Margaret Muir (Second Appellant) Jarad Keith Winner trading as J Winner Building Services (Respondent) Representation: Counsel: D O'Connor with C Langford (Appellants) M Klooster (Respondent) Solicitors: Adams & Partners Lawyers (Appellants) Michael Atkinson & Associates (Respondent) File Number(s): 2021/00243855 Publication restriction: Nil Decision under appeal Court or tribunal: District Court Jurisdiction: Civil Citation: NA Date of Decision: 9 August 2021 and 20 October 2021 Before: Olsson SC DCJ File Number(s): 2018/00133146