Taraschi v Jessop Constructions Pty Limited [2024] NSWCATCD 37

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Taraschi v Jessop Constructions Pty Limited [2024] NSWCATCD 37 Hearing dates: 05 October 2023 Date of orders: 13 March 2024 Decision date: 13 March 2024 Jurisdiction: Consumer and Commercial Division Before: D.Goldstein, Senior Member Decision: (1) Jessop Constructions Pty Limited must pay Valerio Taraschi the sum of $123,683.25 immediately. (2) In the event that a party is minded to make an application for costs, such application must be lodged in the Tribunal and served on/given to the costs respondent within 14 days of the date of the orders in these proceedings either attaching or referring to the documents relied upon in support of the application. (3) The costs respondent will have 14 days after the date it or he receives the application to lodge in the Tribunal and serve on/give to the costs applicant his or its submissions, if any, in response to the costs application, such submissions either attaching or referring to the documents relied upon. (4) The parties must state in their submissions whether or not they consent to the costs application being determined on the basis of the parties written submissions and attached documents, if any, without the need for a hearing. (5) Subject to the parties' submissions, the Tribunal will determine any costs application made on the basis of the submissions and papers filed in the Tribunal. Catchwords: BUILDING and CONSTRUCTION – Defective building work – Section 18D of the Home Building Act 1989 – Photographic evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: Blacktown City Council v Hocking [2008] NSWCA 144 X-Build Construction Services Pty Ltd v O'Rourke [2020] NSWCATAP 181 Texts Cited: None cited Category: Principal judgment Parties: Valerio Taraschi: applicant Jessop Constructions Pty Limited: respondent Representation: Solicitors: Albert A Macri Co for the applicant The respondent was represented by its director, Mr Jessop File Number(s): 2023/00404325 (Previously HB 23/12770) Publication restriction: Nil