Brown v Max Pattison Pty Ltd and Travis-Almond [2023] NSWCATCD 86

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Brown v Max Pattison Pty Ltd and Travis-Almond [2023] NSWCATCD 86 Hearing dates: 17 May 2023 with provision for written submissions to 31 May 2023 Date of orders: 21 August 2023 Decision date: 21 August 2023 Jurisdiction: Consumer and Commercial Division Before: G K Burton SC, Senior Member Decision: 1. Order that Michael Patrick Travis-Almond pay Craig Brown $33,858 immediately. 2. Subject to orders 3 and 4, make no order as to the costs of the proceedings. 3. Any application for an alternative costs order (including any application for a further hearing on costs) is to be filed and served electronically on or before 28 August 2023 with any supporting submissions (maximum 3 pages with typeface Arial 12 or larger, standard margins and 1.5 or greater spacing) and any further evidence in respect of costs. 4. Any submissions in response (maximum 3 pages with typeface Arial 12 or larger, standard margins and 1.5 or greater spacing) and any further evidence in respect of costs is to be filed and served electronically on or before 28 August 2023. Catchwords: REAL PROPERTY – BUILDING and CONSTRUCTION – HOME BUILDING – rights on termination of contract – entire contract with progress payments on account – substantial failure of consideration - refund of monies paid Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Home Building Act 1989 (NSW) Home Building Regulation 2014 (NSW) Cases Cited: DTR Nominees PL v Mona Homes PL (1978) 138 CLR 423 McDonald v Dennis Lascelles Ltd (1933) 48 CLR 457 at 476-477 Nyunt v North Shore Homes PL [2020] NSWCATAP 143 Southern Han Breakfast Point PL (in liq) v Lewence Construction PL (2016) 260 CLR 365, [2016] HCA 52 Summers v The Commonwealth (1918) CLR 144 Texts Cited: Heydon on contract (2019) Category: Principal judgment Parties: Craig Brown (applicant) Max Pattison PL and Michael Patrick Travis-Almond (respondents) Representation: Both parties self-represented File Number(s): HB 22/35813 Publication restriction: Nil