Jason Field & Kim Field v Craig John Dettman [2011] NSWDC 125

District Court New South Wales

Medium Neutral Citation: Jason Field & Kim Field v Craig John Dettman [2011] NSWDC 125 Hearing dates: 17 August 2011 Decision date: 31 August 2011 Jurisdiction: Civil Before: Judge M Sidis Decision: The appeal is dismissed The appellants are to pay the respondent's costs of the appeal. This order is suspended for seven days to allow the parties within that period to relist the matter for argument on the issue of costs. The exhibits are returned. My reasons are published. Catchwords: BUILDING CONTRACT - appeal from Consumer Trader and Tenancy Tribunal - nature of parties' contractual relationship - whether findings contrary to or unsupported by evidence - whether moneys paid under a mistake of fact or mistake of law - whether appellants entitled to reimbursement of all moneys paid by way of restitution as a result of a mistake or because builder disentitled by the provisions of the Home Building Act 1989 from retaining them - quantum meruit - method of assessment - method of dealing with opinions of experts Legislation Cited: Consumer Trader and Tenancy Tribunal Act 2001 Home Building Act 1989 Cases Cited: Insurance Commissioner v Joyce (1948) 77 CLR 39 Davids Securities Pty Ltd v Commonwealth Bank of Australia (1992) CLR 353 Pavey & Matthews Pty Limited v Paul (1987) 162 CLR 221 Kalokerinos v HIA Insurance Services Pty Ltd [2004] NSWCA 312 Brodyn Pty Ltd t/a Time Cost and Quality v Davenport [2004] NSWCA 394 Alexander & Anor v Gregoriou & Ors [2010] NSWDC 15 Texts Cited: Cordell Constructions - Commercial & Industrial Cost Guide, Vol. 37, Issue 3 and 2006 Rawlinson - Australian Construction Handbook. Category: Principal judgment Parties: Jason Field (Plaintiff/Applicant) Kim Field (Plaintiff/Applicant) Craig John Dettman (Defendant/Respondent) Representation: Mr N. Coren (Both Plaintiffs/Applicants) Mr G. Jensen (Defendant/Respondent) Thomas Mitchell Solicitors (Plaintiffs/Applicants) Gillis Delaney Lawyers (Defendant/Respondent) File Number(s): 2010/00405209