Champion Homes Sales Pty Limited v Coghlan [2012] NSWDC 244

District Court New South Wales

Medium Neutral Citation: Champion Homes Sales Pty Limited v Coghlan [2012] NSWDC 244 Hearing dates: 23/11/2012 Decision date: 23 November 2012 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: 1. Set aside the Tribunal's orders insofar as they refer in the second bullet point to the spoil removal costs. 2. Judgment in favour of the plaintiff in the sum of $2,000 for spoil removal costs, plus a further sum of $1,200 in respect of costs. 3. Stay enforcement of the judgment for $3,200 for a period of 28 days. Catchwords: APPEAL FROM CONSUMER TRADER AND TENANCY TRIBUNAL - building contract - spoil removal costs - no signed variation Legislation Cited: Consumer, Trader and Tenancy Tribunal Act 2001 s 67 Uniform Civil Procedure Rules 2005 r 42.35 Cases Cited: Edyp & Ors v Brazbuild Pty Ltd [2011] NSWCA 218 Kostas & Anor v HIA Insurance Services Limited t/as Home Owners Warranty & Anor [2010] HCA 32 Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221 Category: Principal judgment Parties: Champion Homes Sales Pty Limited ACN 082 497 247 (plaintiff) Mr David Coghlan (defendant) Mrs Yasmin Coghlan (defendant) Mrs Michelle Armstrong (defendant) Mr David Armstrong (defendant) Representation: Self-represented by Mr G Vardas, employee of the plaintiff, by leave (plaintiff) Self-represented (defendants) File Number(s): 2012/167046 Publication restriction: No Decision under appeal Date of Decision: 2012-05-01 00:00:00 Before: Tribunal Member F E Gray File Number(s): HB 11/58391