NSW Caselaw
New South Wales Supreme Court
CITATION : Hatfield v Home Team Constructions Pty Limited [2007] NSWSC 978
HEARING DATE(S) : 30/8/07
JUDGMENT DATE : 3 September 2007
JUDGMENT OF : Bell J at 1
DECISION : The amended summons is dismissed; The plaintiffs are to pay the defendant's costs
CATCHWORDS : Appeal from Consumer Trader and Tenancy Tribunal - competancy
Consumer, Trader and Tenancy Tribunal Act 2001 LEGISLATION CITED : Home Building Act 1989 Uniform Civil Procedure Rules 2005
CASES CITED : Yango Pastoral Company Pty Limited v First Chicago Australia Limited (1978) 139 CLR 410
PARTIES : Brett Hatfield and Lousie Becchio (Plaintiff) Home Team Constructions Pty Limited (Defendant)
FILE NUMBER(S) : SC 30013/07
COUNSEL : F Corsaro SC / I George (Plaintiff) J Stevenson SC / H Stitt (Defendant)
SOLICITORS : Russo & Partners (Plaintiff) Bruce Stewart Dimarco Lawyers (Defendant)
LOWER COURT JURISDICTION : Consumer Trader and Tenancy Tribunal of NSW
LOWER COURT FILE NUMBER(S) : HB0514813
LOWER COURT JUDICIAL OFFICER : Dr Briggs
LOWER COURT DATE OF DECISION : 25/1/07
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST
BELL J
Monday 3 September 2007
30013/07 Brett Hatfield v Home Team Constructions Pty Limited
JUDGMENT 1 BELL J: By amended summons filed on 17 March 2007 the plaintiffs, Brett Hatfield and Louise Becchio, appeal from the whole of the decision of Member Briggs given on 25 January 2007 in the Consumer Trader and Tenancy Tribunal (the Tribunal). 2 The defendant, Home Team Constructions Pty Limited (Home Team), was the applicant in the proceedings (HBO5/14813), brought in the Home Building Division of the Tribunal. Home Team entered into a building contract with the plaintiffs on 3 October 2003 for the construction of a residential dwelling on land in Duffy's Forest. Home Team claimed the sum of $70,756 on invoices issued under the contract for work done and materials supplied. The plaintiffs brought a cross-application against Home Team claiming that certain of the work was defective and incomplete (HBO5/19077). The appeal is from the Tribunal's determination of Home Team's contractual claim (HBO5/14813).
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