Hughes v Midson [2023] NSWCATCD 168

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hughes v Midson [2023] NSWCATCD 168 Hearing dates: 20 July 2023 Date of orders: 01 December 2023 Decision date: 01 December 2023 Jurisdiction: Consumer and Commercial Division Before: R. Alkadamani, Senior Member Decision: 1. Dismiss proceedings HB 22/29183. 2. Order that Tony Joseph Hughes pay Eryn Louise Midson the sum of $25,225.68 within 14 days. 3. Any party seeking a costs order is to file and serve by 12 January 2024 written submissions not exceeding 5 pages, with references to the evidence relied identified in those submissions. 4. Any party that intends to oppose an application for a costs order is to file and serve by 2 February 2024 written submissions in response not exceeding 5 pages, with references to the evidence relied on identified in those submissions. 5. Reserve all question of costs, including whether to dispense with a hearing as to costs. 6. Otherwise dismiss proceedings HB 22/30007. Catchwords: BUILDING AND CONSTRUCTION – Home building – provisional sums contract – oral variations BUILDING AND CONSTRUCTION – Home building – defects – work order or monetary remedy Legislation Cited: Home Building Act, 1989 (NSW) Cases Cited: Culina v Timilty Constructins Pty Ltd [2022] NSWCATCD 109 Xu v Jinhong Design & Constructions Pty Ltd [2011] NSWCA 277 Texts Cited: None Category: Principal judgment Parties: HB 22/29183 Tony Hughes (applicant) Eryn Midson (respondent) HB 22/30007 Eryn Midson (applicant) Tony Hughes (respondent) Representation: Whiteley, Ironside & Shillington Pty Ltd, solicitors for Eryn Midson Tony Hughes, self-represented File Number(s): 2022/00426705, 2022/00418641 (Previously HB 22/29183, HB 22/30007) Publication restriction: None