Metro Windows Pty Ltd & Ors v Commissioner of Fair Trading (No 2) [2012] NSWADT 232

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Metro Windows Pty Ltd & Ors v Commissioner of Fair Trading (No 2) [2012] NSWADT 232 Hearing dates: 5 and 6 October 2011 and 18 April 2012 Decision date: 08 November 2012 Jurisdiction: General Division Before: P H Molony, Judicial Member Decision: 1. Set aside the decision under review. 2. Within 28 days of these reasons the Applicants may make an application for costs and may file and serve submissions on costs (not to exceed 4000 words). 3. Within a further 28 days the Respondent shall file and serve submissions in reply (not to exceed 4000 words). 4. The issue of costs will then be determined on the papers. Catchwords: Home Building - residential building work - deposits - due diligence - reasonable time Legislation Cited: Home Building Act 1989 Administrative Decisions Tribunal Act 1997 Home Building Regulation 2004 Cases Cited: AIM Partnership v Rathchime [2010] NSWSC 860 Collings Homes v Head & Ors [2002] NSWSC 1219 Commissioner of Fair Trading v Pobjie Agencies Ply Limited & Ors [2005] NSWSC 13 Commissioner for Fair Trading, NSW Office of Fair Trading [2007] NSWADT 142 Grygiel v Baine & Ors [2005] NSWCA 218 Commissioner for Fair Trading v Cruz [2009] NSWADTAP 51 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Hometeam Constructions Pty Ltd v McCauley [2005] NSWCA 303 Metro Windows Pty Ltd and Ors v Commissioner of Fair Trading [2009] NSWADT 60 Provincial Houses v Doyle & Ors [2004] NSWSC 624 Preston v Commissioner for Fair Trading [2011] NSWCA 40 Woolfe v Alexander Sussman t/as A Sussman Construction Consulting Services & Anor [2001] NSWSC 702 Category: Principal judgment Parties: Metro Windows Pty Ltd (First Applicant) Stephen Preston (Second Applicant) Adriana Cruz (Third Applicant) Commissioner of Fair Trading (Respondent) Representation: First Applicant - Ms Cruz Second Applicant - in person Third Applicant - in person Respondent - W Maynard, Legal Officer File Number(s): 083258