Fleming v Price [2012] NSWDC 114

District Court New South Wales

Medium Neutral Citation: Fleming v Price [2012] NSWDC 114 Hearing dates: 25 July 2012; written submissions to 1 August 2012 Decision date: 16 August 2012 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Appeal dismissed. (2) Plaintiffs pay defendant's costs. (3) Exhibits retained for 28 days. Catchwords: CTTT APPEAL - whether findings that the defendant was not involved in residential building works other than as stated in the quotation and contract amounted to errors of law - costs - whether costs, including indemnity costs, should be awarded against the plaintiffs who had partial success in their claim against the defendant for defective carpentry works - costs order based on the plaintiffs' substantial delay and expense for a "meagre result" in a largely "unreasonable and untenable" claim - appeal dismissed Legislation Cited: Consumer, Trader and Tenancy Tribunal Act 2001 (NSW), ss 53 and 67 Consumer, Trader and Tenancy Tribunal Regulation 2009 (NSW), r 20 Home Building Act 1989 (NSW), s 3 Cases Cited: Catts v Shelswell (Home Building) [2011] NSWCTTT 70 Edyp and Ors v Brazbuild Pty Ltd [2011] NSWCA 218 Fleming v David Price Building Services (Home Building) [2011] NSWCTTT 616 Fligg v Owners Strata Plan 53457 [2012] NSWSC 230 Maconachie v Kullenberg and Ors [2005] NSWCA 294 Wright v Foresight Constructions Pty Ltd [2011] NSWCA 327 Texts Cited: - Category: Principal judgment Parties: First Plaintiff: Gregory Fleming Second Plaintiff: Zoe Fleming Defendant: David Price t/as David Price Building Services Representation: Plaintiffs: Mr A Justice Defendant: Mr S Williamson Plaintiffs: Thomas Mitchell Solicitors Defendant: Gillis Delaney Lawyers File Number(s): 2012/34397 Publication restriction: None