Wilkinson v Bostock [2023] NSWCATCD 150

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wilkinson v Bostock [2023] NSWCATCD 150 Hearing dates: 15 May 2023 Date of orders: 11 September 2023 Decision date: 11 September 2023 Jurisdiction: Consumer and Commercial Division Before: G Sarginson, Senior Member Decision: (1) The proceedings are dismissed. (2) The issue of costs are to be determined as follows: (a) Respondent to file and serve costs submissions and documents by 7 days from the date of this decision. (b) Applicant is to file and serve costs submissions and documents by 14 days from the date of this decision. (c) Respondent to file and serve costs submissions in reply by 21 days from the date of this decision. (d) The costs submissions of the parties are to include whether they consent to the issue of costs being determined without a further oral hearing in accordance with s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW) and if not, why not. (e) Subject to consideration of the parties submissions the Tribunal may determine the issue of costs without a further oral hearing. (f) Either party may seek an extension of the timetable to file and serve costs submissions. However, any application for an extension must be made by the date of compliance with the particular timetable obligation. Catchwords: BUILDING AND CONSTRUCTION---Home building---Residential building work---Oral contract---Terms of agreement---Whether breach established Legislation Cited: Australian Consumer Law 2010 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Fair Trading Act 1989 (NSW) Home Building Act 1989 (NSW) Home Building Regulation 2014 (NSW) Cases Cited: Bellgrove v Eldridge [1954] HCA 36; (1954) 90 CLR 613 Dare v Pulham [1982] HCA 70; (1982) 148 CLR 658 DB Homes Australia Pty Ltd v Kes [2019] NSWCATAP 221 Dyjecinska v Step-Up Renovations (NSW) Pty Ltd; Step-Up Renovations (NSW) Pty Ltd v Dyjecinska [2023] NSWCATAP 36 In the Matter of Hillsea Pty Limited [2019] NSWSC 1152 Intelligent Building Pty Ltd v Ibrahim [2023] NSWCATAP 170 Khan v Kang [2014] NSWCATAP 48 Middleton v Wrona [2023] NSWCATAP 158 Pollock v NSW Trustee & Guardian [2022] NSWSC 923 SDL Project Solutions Pty Ltd v Kim; Kim v SDL Project Solutions Pty Ltd [2022] NSWCATCD 10. Vujica v TNM Roofing Pty Ltd [2022] NSWCATAP 305 Texts Cited: None cited Category: Principal judgment Parties: Marie Wilkinson (Applicant) Peter Clarence Bostock (Respondent) Representation: Counsel: None