Constable v Anvic Holdings & Anor [2003] NSWSC 471

New South Wales Supreme Court

CITATION : Constable v Anvic Holdings & Anor [2003] NSWSC 471 HEARING DATE(S) : 28 May 2003 JUDGMENT DATE : 30 May 2003

JURISDICTION: Common Law Division Administrative Law List JUDGMENT OF : Master Malpass DECISION : The Summons is dismissed. The plaintiff is to pay the costs of the Summons. The question of whether those costs be paid on an indemnity basis is reserved.

CATCHWORDS : Appeal - defendant (who was not the builder) supplied unsuitable tiles for use in building work - not a building claim - costs - open offer and other discretionary considerations. Consumer Claims Act 1998. LEGISLATION CITED : Consumer, Trader and Tenancy Tribunal Act 2001, s 53. Home Building Act 1989. Consumer, Trader and Tenancy Tribunal Regulation 2002, Pt 5 cl 20. CASES CITED : Collings Homes v Head & Ors [2002] NSWSC 1219. House v The King (1936) 55 CLR 499. Robert Julian Constable (Plaintiff) PARTIES : v Anvic Holdings Pty Limited (Formerly Called Tilecraft (Aust) Pty Limited) (First Defendant) Consumer, Trader and Tenancy Tribunal (Second Defendant) FILE NUMBER(S) : SC 30013 of 2003 Mr R Cheney (Plaintiff) COUNSEL : Mr A J J Thompson (First Defendant) N/A (Second Defendant) Colin Biggers & Paisley (Plaintiff) SOLICITORS : Brook Worthington (First Defendant) I V Knight - Crown Solicitor - Submitting Appearance (Second Defendant)

LOWER COURT Consumer, Trader and Tenancy Tribunal JURISDICTION : LOWER COURT HB 99/70199 (BU 1999/199) FILE NUMBER(S) : LOWER COURT Mr R Phillipps, Senior Member JUDICIAL OFFICER :