Filliston v Quickspec Modular Pty Ltd [2022] NSWCATCD 169

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Filliston v Quickspec Modular Pty Ltd [2022] NSWCATCD 169 Hearing dates: 22 July 2022 Date of orders: 25 July 2022 [amended 12 August 2022] Decision date: 25 July 2022 Jurisdiction: Consumer and Commercial Division Before: G Ellis SC, Senior Member Decision: The Notice of Order issued 25 July 2022 is amended under Section 63 of the Civil and Administrative Tribunal Act 2013, and should read as follows: 1. As against the first respondent, Quickspec Modular Pty Ltd, the application is dismissed. 2. The second respondent, Benjamin Ralph Blanchette, is to pay the applicant, Zoe Filliston, $34,360.19 within 28 days. 3. Any submissions in support of an application for costs (not exceeding five pages), together with any supporting evidence, are to be provided to the other parties and the Tribunal by 8 August 2022 and any such submissions should include details of the amount of costs sought. 4. Any submissions in response to any such application (not exceeding five pages), together with any supporting evidence, are to be provided to the other parties and the Tribunal by 22 August 2022. 5. Any submissions in reply (not exceeding two pages) are to be provided to the other parties and the Tribunal by 29 August 2022. 6. Any such submissions should indicate whether the party accepts that costs should be determined on the papers, ie without the need for a further hearing. Catchwords: BUILDING AND CONSTRUCTION - Whether contract between owner and individual or company - defective work - whether to make work order or money order - reasonable cost of rectification Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Cases Cited: Bonita v Shen [2016] NSWCATAP 159 Brewarrina Shire Council v Beckhaus Civil Pty Ltd [2005] NSWCA 248 County Securities Pty Ltd v Challenger Group Holdings Pty Ltd [2008] NSWCA 193 Latoudis v Casey [1990] HCA 59 Lym International Pty Ltd v Marcolongo [2011] NSWCA 303 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305 Mitchell v Cullingral Pty Ltd [2012] NSWCA 389 News v Cotes [2019] NSWCATAP 186 Oshlak v Richmond River Council [1998] HCA 11 Taylor v Johnson [1983] HCA 5 Thompson v Chapman [2016] NSWCATAP 6 Category: Principal judgment Parties: Zoe Filliston (Applicant) Quickspec Modular Pty Ltd (First Respondent) Benjamin Ralph Blanchette (Second Respondent) Representation: S Campbell (Applicant) A Blanchette (First Respondent) Second Respondent (self-represented) File Number(s): HB 21/44220 Publication restriction: Nil