Symond v Dovera Homes Pty Ltd [2025] NSWCATAP 19

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Symond v Dovera Homes Pty Ltd [2025] NSWCATAP 19 Hearing dates: 21 January 2025 Date of orders: 04 February 2025 Decision date: 04 February 2025 Jurisdiction: Appeal Panel Before: G Ellis SC, Senior Member P Molony, Senior Member Decision: (1) Leave to appeal is granted. (2) The appeal is allowed. (3) The date and amount of the order made on 3 September 2024 are varied. (4) The respondent is to pay the appellants $328,878.44 immediately. (5) The respondent is to pay the appellants' costs of the appeal, on the ordinary basis, as agreed or assessed. Catchwords: APPEALS – Calculation of damages revised – application of established principles Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Haines v Bendall [1991] HCA 15 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: None cited Category: Principal judgment Parties: Daniel William Symond, Petra Deanne Symond (Appellants) Dovera Homes Pty Ltd (Respondent) Representation: Solicitors: Mills Oakley (Appellant) Respondent – No appearance File Number(s): 2024/00348650 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2024] NSWCATCD Before: G Burton SC, Senior Member File Number(s): 2024/00122580