Redman v Sazdanoff & Ors [2010] NSWDC 254

New South Wales District Court

CITATION: Redman v Sazdanoff & Ors [2010] NSWDC 254

HEARING DATE(S): 15 June 2010, 17 June 2010

JUDGMENT DATE: 18 June 2010

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

1) The appeal is dismissed. DECISION: 2) The appellant is to pay the respondent's costs of the appeal. 3) The affidavit evidence in retuned.

CATCHWORDS: CTTT APPEAL - Error of law in finding that quotation could be relied upon as a written contract in compliance with s. 7 of Home Building Act 1989 - Claim of quantum meruit not tenable in face of oral contracts - Findings of fact by Tribunal Member not appellable

LEGISLATION CITED: Home Building Act 1989 Uniform Civil Procedure Rules 2005

CASES CITED: Cultured Stone Australia Pty Ltd v Compton & Ors (Home Building) [2009] NSWCTTT 114 (20 March 2009) Pavey & Matthews Pty Limited v Paul (1987) 162 CLR 221

Dallas Redman (Plaintiff) PARTIES: Peter Sazdanoff (First Defendant) Cheryl Sazdanoff (Second Defendant)

FILE NUMBER(S): 2009/00332937

SOLICITORS: Thomas Mitchell Solicitors (representing the plainitff) Schofield Muir (representing the first and second defendants)

JUDGMENT 1 This matter involves an appeal from a decision of Senior Member Connolly in the Consumer Trader and Tenancy Tribunal dated 18 August 20009.

2 The summons commencing the appeal was filed on 6 October 2009, and therefore outside the time limit of 28 days imposed by Rule 50.3 of the Uniform Civil Procedure Rules 2005.

3 The delay in the commencement of this appeal was not raised by the defendants on any of the four prior occasions when the proceedings came before the Court for directions and there was no evidence of prejudice to the defendants arising out of that delay.