Champion Homes Sales Pty Ltd v Biggs; Biggs v Champion Homes Sales Pty Ltd [2023] NSWCATCD 117

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Champion Homes Sales Pty Ltd v Biggs; Biggs v Champion Homes Sales Pty Ltd [2023] NSWCATCD 117 Hearing dates: 11 and 12 May 2023 Date of orders: 18 September 2023 Decision date: 18 September 2023 Jurisdiction: Consumer and Commercial Division Before: H Woods, Senior Member Decision: In matter HB 22/51876 (1) The respondents are to pay the applicants the sum of $61,595.60 within 28 days. In matter HB 23/12205 (2) The application is dismissed. Costs (3) If any party wishes to seek an order other than each party is to pay its own costs, it is to file and serve submissions and any evidence in support of its application for costs within 21 days of the date of these orders; (4) Any submissions or evidence in response are to be filed and served within a further 7 days. (5) Any submissions in respect of costs are to state whether the party consents to the question of costs being determined on the papers, and if not why. Catchwords: BUILDING AND CONSTRUCTION — Contract — Termination — Repudiation BUILDING AND CONSTRUCTION — Contract — Agreed damages — Penalty Legislation Cited: Home Building Act 1989 (NSW) Cases Cited: Armstrong Strategic Management and Marketing Pty Limited v Expense Reduction Analysts Group Pty Ltd By Bon Investments Selvarajah [2008] NSWSC 1251 Issa v K & K Quality Constructions Pty Ltd [2020] NSWCATAP 74 (4 May 2020) Paciocco v Australia and New Zealand Banking Group Ltd [2016] HCA 28; (2016) 90 ALJR 835. Ringrow Pty Ltd v BP Aust Pty Ltd [2005] HCA 71;224 CLR 656 Syed Ahmad Shoaib Ali Pty Ltd v Jandson Pty Ltd [2018] NSWCATP 228 Texts Cited: Nil Category: Principal judgment Parties: HB 22/51876 Champion Homes Sales Pty Ltd (Applicant) Darren Biggs and Dana Biggs (Respondent)