Lionel Smith v John Emmery [2014] NSWCATCD 66

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lionel Smith v John Emmery [2014] NSWCATCD 66 Hearing dates: 2 February 2012, 13 September 2012, 29 November 2013, 23 January 2014 Decision date: 06 May 2014 Before: J Lynch, General Member Decision: The respondent is to pay the applicant $28 195.00 within 21 days of the date of this order. Costs reserved pending receipt of any further written submissions to be filed and served by 16 May 2014 in the case of the applicant and by 30 May 2014 in the case of the respondent. Catchwords: Home Building - breach of contract-condition, warranty or intermediate term-damages-insurance -just and equitable Legislation Cited: Home Building Act 1989 (NSW) Cases Cited: Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd [2007] HCA 61 Tramways Advertising Pty Ltd v Luna Park (NSW) Ltd Gumland Property Holdings Pty Limited v Duffy Bros Fruit Market (Campbelltown) Pty Limited [2008] HCA 10 Secured Income Real Estate (Australia) Ltd v St Martins Investments Pty Ltd (1979) 14 CLR 596 at 611 Eddy Lau Constructions Pty Ltd v Trans development Enterprises Pty Ltd [2004]NSWSC 273 Bergco v Boyles [1971]VR 321 Pender v Robwenphi Pty Ltd [2008] NSWSC 1144 Visscher v The Honourable President Justice Giudice [2009] HCA 34 Category: Principal judgment Parties: Lionel Smith (applicant), John Emmery (respondent) Representation: R Dean (applicant) Skinner and Associates (applicant) Robb and Associates (respondent) File Number(s): HB 10/48765