Ultra Developments Pty Ltd v Alison Bennett [2014] NSWCATCD 61

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ultra Developments Pty Ltd v Alison Bennett [2014] NSWCATCD 61 Hearing dates: 4 December, 5 December and 6 December 2013 Decision date: 01 May 2014 Before: N Correy, Senior Member Decision: In matter no HB 11/51950 that the homeowner pay to the builder the sum of $88,174.00 on or before 31 May 2014. In matter no HB 11/51950 that the homeowner pay to the builder on or before 31 May 2014 interest at the rate of 18 % per annum on the sum of $45,442.00 from 1 August 2011 to the date payment is received by the builder. That the application of the homeowner in matter no HB 11/57276 against both first and second cross respondents be dismissed. That the builder's submissions on costs together with its full assessment of costs and disbursements detailing all times entries and charges schedules of professional fees together with a schedule of disbursements annexing copies of all invoices in support be filed with the registry and served on the homeowner by 31 May 2014. That the homeowners reply submissions on costs be filed and served on the builder by 4 July 2014. Legislation Cited: Home Building Act 1989 Home Building Regulation 2004 Cases Cited: Pavey and Matthews Pty Ltd v Paul [1987] HCA 5 Category: Principal judgment Parties: Ultra Developments Pty Ltd (applicant / first cross respondent) Alison Bennett (respondent/ cross applicant) Representation: Justin Young of Counsel for the builder (Ultra Developments Pty Ltd) D A Lloyd of Counsel for the homeowner (Alison Bennett) File Number(s): HB 11/51950 and HB 11/57276