Vicki Brimelow v Gregory Sharpe [2011] NSWDC 127

District Court New South Wales

Medium Neutral Citation: Vicki Brimelow v Gregory Sharpe [2011] NSWDC 127 Hearing dates: 24 August 2011 Decision date: 02 September 2011 Jurisdiction: Civil Before: Judge M Sidis Decision: In addition to the sum of $9,500 provided for in Order 1 of the orders of the Consumer Trader and Tenancy Tribunal dated 19 October 2010, Gregory Sharpe is to pay Vicki Brimelow the sum of $476. In all other respects the appeal is dismissed. The appellant is 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: alleged inadequacy of reasons of CTTT Member for calculation of award for defective building work - extent of work contracted to be undertaken - whether provisions of Home Building Act 1989 mandated that all work shown in building plan be performed - failure to identify plan or attach it to contract - availability of the doctrine of estoppel by representation - parole evidence rule - construction of contract by reference to circumstances, context and a reasonable person in the parties' position. Legislation Cited: Consumer Trader and Tenancy Tribunal Act 2001 Home Building Act 1989 Home Building Regulation 2004 Cases Cited: Waltons Stores (Interstate) Ltd v Maher [1988] HCA 7; (1988) 164 CLR 387 Franklins Pty Ltd v Metcash Trading Ltd [2009] NSWCA 407 Texts Cited: N C Seddon and M P Ellinghaus, Cheshire and Fifoot's Law of Contract, (Lexis Nexis, 9th ed, 2008) 2.5. Category: Principal judgment Parties: Vicki Brimelow (Plaintiff/Applicant) Gregory Sharpe (Defendant/Respondent) Representation: Mr N. Coren (For the Plaintiff/Applicant) Mr FFF. Salama (For the Defendant/Respondent) Thomas Mitchell Solicitors (For the Plaintiff/Applicant) Moray & Agnew (For the Defendant/Respondent) File Number(s): 2010/00390944