Squadrito v Theodosi [2023] NSWCATCD 173

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Squadrito v Theodosi [2023] NSWCATCD 173 Hearing dates: 29 September 2023 Date of orders: 11 October 2023 Decision date: 11 October 2023 Jurisdiction: Consumer and Commercial Division Before: Graham Ellis SC, Senior Member Decision: 1 The respondent is to pay the applicants $45,271.00 immediately. 2 The respondent is to pay the costs of the applicants, on the ordinary basis, as agreed or assessed. 3 If either party wishes to contend that a different costs order should be made, order 2 ceases to have effect and the following orders apply: (a) Any application for a different costs order, supported by submissions (not exceeding five pages in length) and evidence, is to be filed and served within 14 days of the date of these orders. (b) Any submissions (not exceeding five pages in length) and evidence in response are to be filed and served with the following 14 days. (c) Any submissions in reply (not exceeding two pages in length) and evidence in reply are to be filed and served within the following 7 days. (d) Each party's submissions should indicate whether they agree that costs should be determined on the papers, ie without the need for a further hearing. Catchwords: CONUMER CLAIM – Failure to exercise due care and skill – assessment of damages Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Competition and Consumer Act 2010 (Cth) Fair Trading Act 1987 (NSW) Cases Cited: Ashby v Slipper [2014] FCAFC 15 Bellgrove v Eldridge [1954] HCA 36 Bonita v Shen [2016] NSWCATAP 159 Jones v Dunkel [1959] HCA 8 Latoudis v Casey [1990] HCA 59 News v Cotes [2019] NSWCATAP 186 Oshlak v Richmond River Council [1998] HCA 11. Plastics Pty Ltd v Demir (1975) 132 CLR 372 Thompson v Chapman [2016] NSWCATAP 6 Texts Cited: None cited Category: Principal judgment Parties: Applicants – Bianca Squadrito and Julian Gennusa Respondent – Andrew Theodosi Representation: Solicitors: Applicants – D Sattout, Sattout Legal Pty Ltd