Tamaqi Pty Ltd v Stokland Sheds Pty Ltd [2023] NSWCATCD 36

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tamaqi Pty Ltd v Stokland Sheds Pty Ltd [2023] NSWCATCD 36 Hearing dates: 11 November 2022 and 6 March 2023 Date of orders: 08 May 2023 Decision date: 08 May 2023 Jurisdiction: Consumer and Commercial Division Before: K Ross, Senior Member Decision: (1) Stokland Sheds Pty Ltd is to pay Tamaqi Pty Ltd the sum of $24,700.00 on or before 5 June 2023. (2) The balance of the application is dismissed. Catchwords: CONSUMER CLAIM: Breach of contract and ACL – cost to complete – insufficient evidence of consequential loss Legislation Cited: Fair Trading Act 1987 Australian Consumer Law Treasury Laws Amendment (Acquisition as Consumer - Financial Thresholds) Regulations 2020 (Cth) Category: Principal judgment Parties: Tamaqi Pty Ltd (Applicant) Stokland Sheds Pty Ltd (Respondent) File Number(s): GEN 22/27705 Publication restriction: unrestricted

REASONS FOR DECISION 1. On 28 June 2021, the applicant accepted the respondent's $62,650.00 quote and paid a $32,100 deposit for the supply and installation of a shed, which was to be fitted out as stables for use in the applicant's business. The respondent told the applicant that it would be completed within 8 to 10 weeks. On 14 March 2022, 75% of the frame was delivered, and the respondent attended for one day to erect it. On 21 June 2022, the applicant commenced these proceedings, seeking an order that the respondent complete the shed. At the first directions hearing, the respondent agreed to complete the shed without further payment, and to do additional work to compensate the applicant for the delay. 2. The respondent did not comply with its undertaking. On 6 September 2022, the applicant amended its claim to seek $100,000 in compensation for the cost to complete the shed, and as compensation for alleged losses flowing from the respondent's breach of the agreement. 3. On 11 November 2022 the hearing commenced before me. The applicant was given an opportunity to provide further evidence in relation to its alleged loss by 25 November 2022. 4. On 24 February 2023, the applicant provided a bundle of documents. The respondent did not object to the Tribunal having regard to those documents and the hearing proceeded on that basis.