NSW Caselaw
New South Wales Supreme Court
CITATION : Mock v Cai & Anor [2005] NSWSC 452
HEARING DATE(S) : 4 May 2005
JUDGMENT DATE : 12 May 2005
JURISDICTION : Common Law Division - Administrative Law List
JUDGMENT OF : Master Harrison
DECISION : (1) The appeal is upheld; (2) The decision of Tribunal Member Dr Briggs dated 26 October 2004 is affirmed except insofar as it relates to defect item 27; (3) Order (1) of the Tribunal Member's decision is to be amended to read that Mr Guo Quang Cai is to pay to Mr William Mock the sum of $28,977.59 in full and final settlement of all matters between the parties in relation to disputes and differences arising out of the contract for the erection by Mr Cai of Mr Mock's house at Killarney Heights; (4) Costs are reserved.
CATCHWORDS : Appeal decision of CTTT - repudiation
LEGISLATION CITED : Consumer Trader & Tenancy Tribunal Act 2001 (NSW) - ss 27(3), 28(1) & (2), 33, 35, 36(1), 39(1), 50, 51, 53, 54, 67(1)
Chapman v Taylor & Ors; Vero Insurance Ltd v Taylor & Ors [2004] NSWCA 456 Cassidy v Engwirda Construction Company (No 2) [1968] 2 Qd R 159 CASES CITED : Kalokerinos & Anor v HIA Insurance Services P/L & Anor [2004] NSWCA 312 Swain v Waverley Municipal Council [2005] HCA 4
Kum Sing William Mock (Plaintiff)
Guo Quang Cao PARTIES : (First Defendant)
Consumer, Trader and Tenancy Tribunal (Second Defendant)
FILE NUMBER(S) : SC 30094/2004
Mr S Goldstein (Plaintiff) COUNSEL : Mr M Galvin (First Defendant)
Ms Helen Sin, Helen Sin Legal Pty Ltd (Plaintiff)
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