Ajay Chand and Shashi Chand v Lifestyle Homes New South Wales Pty Limited [2008] NSWDC 354

New South Wales District Court

CITATION: Ajay Chand and Shashi Chand v Lifestyle Homes New South Wales Pty Limited [2008] NSWDC 354

JUDGMENT DATE: 28 October 2008

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: I refuse to set aside the judgment and I order a stay on the judgment entered on 6 August 2008 in case number 2984 of 2008 pending determination of the proceedings. Each party to bear their own costs of the motion.

CATCHWORDS: Appeal of proceedings brought in Home Building Division of Consumer, Trader and Tenancy Tribunal - application to set aside judgment of Tribunal - entry of judgment - stay of judgment

LEGISLATION CITED: Consumer, Trader and Tenancy Tribunal Act 2001 Uniform Civil Procedure Rules 2005

CASES CITED: Kalokerinos v HIA Insurance Services Pty Limited [2004] NSWCA 312 The Owners - Strata Plan No 53094 v Fair Trading Administration Corporation [2007] SWSC 249

PARTIES: Ajay Chand Shashi Chand

FILE NUMBER(S): 4049/08

COUNSEL: Ms Painter (respond)

SOLICITORS: Mr Ho (app)

JUDGMENT

1. Mr Ajay Chand and Mrs Shashi Chand are home owners. Lifestyle Homes New South Wales Pty Limited is a builder. Work was done by Lifestyle for the Chands. Lifestyle claimed that it was not paid for the work and proceedings were brought in the Home Building Division of the Consumer, Trader and Tenancy Tribunal. Lifestyle won the case and the Chands lost. The Tribunal ordered the Chands to pay Lifestyle an amount of about $125,000.

2. The Chands wanted to appeal that determination by the Tribunal. At the same time Lifestyle, understandably, wanted to be paid the money which the Tribunal had ordered that it be paid. Lifestyle took steps to register the judgment and order of the Tribunal as a judgment of this court. Once that judgment was obtained Lifestyle brought bankruptcy proceedings against the Chands.