Sills v Banks & Ors [2022] NSWCATCD 148

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sills v Banks & Ors [2022] NSWCATCD 148 Hearing dates: 2 June 2022; Submissions close 20 June 2022 Date of orders: 05 September 2022 Decision date: 05 September 2022 Jurisdiction: Consumer and Commercial Division Before: S Thode, Senior Member Decision: (1) The application is dismissed. (2) The applicant shall pay the respondent's costs of and incidental to the proceedings as agreed or assessed on the ordinary basis. (3) If the parties apply for a cost order other than the one in order (2) above within 7 days of the orders being published, order (2) above ceases to have effect and is set aside. (4) Any application for costs is to be made in writing to the Tribunal (with a copy sent to the other party) within 7 days of the date of publication of these reasons for decision and is to include submissions. (5) Any submission in response to the costs application is to be provided to the Tribunal and the other party within 14 days of receipt of the costs application. (6) Any submission in reply is to be provided to the Tribunal within seven days thereafter. (7) In their submissions on costs, the parties are to address whether the issue of costs can be determined without a hearing, on the basis of the written submissions. (8) In the event that all parties apply for costs, an indexed and paginated bundle of all costs submissions is to be provided to the Tribunal at the end of the submission period, to be collated and filed by the costs applicant. Catchwords: Home Building – Defects claim – oral agreement – defective pool construction Legislation Cited: Home Building Act 1989 Cases Cited: Ashton v Stevenson [2019] NSWCATAP 67; Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305 Category: Principal judgment Parties: Philipa Sills (Applicant)