Soo Lim v Zelezo Pty Ltd and Alexander Ribarovski [2014] NSWCATCD 80

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Soo Lim v Zelezo Pty Ltd and Alexander Ribarovski [2014] NSWCATCD 80 Hearing dates: 13 May 2014 Decision date: 20 May 2014 Before: Jeffery Smith, Senior Member Decision: The first respondent, Zelezo Pty Ltd shall pay to the applicant, Soo Lim of the sum of $24,730 on or before 30 May 2014. The sum of $3,589.63 is not due or owing by Soo Lim to Zelezo Pty Ltd pursuant to a contract entered into between the parties on or about 20 December 2012. The application is otherwise dismissed. Catchwords: Defective residential building work, loss arising, loss of rent, costs, transitional provisions Legislation Cited: Home Building Act 1989 (HBA), Civil and Administrative Tribunal Act 2013 (NCAT Act) Consumer Trader and Tenancy Tribunal Act 2001, Consumer Trader and Tenancy Tribunal Regulations 2009 Cases Cited: Hadley v Baxendale [1854] 156 ER 145 Latoudis v Casey [1990] 170 CLR 534 Category: Principal judgment Parties: Soo Lim (applicant) in person Alexander Ribarovski (respondent) on behalf of Zelezo Pty Ltd and on own behalf File Number(s): HB 13/43961

reasons for decision

APPLICATION 1This application was filed in the Home Building Division of the Consumer, Trader and Tenancy Tribunal (CTTT) on 19 August 2013. 2The application sought orders for payment to the applicant in the sum of $46,944.13 and orders for the relief of payment by the applicant in the sum of $3,589.63. The matter came before the CTTT for directions on 16 September 2013 and on 15 November 2013. 3On the abolition of the CTTT on 1 January 2014 the application continued before the Civil and Administrative Tribunal (NCAT) pursuant to the transitional provisions of the Civil and Administrative Tribunal Act 2013, Schedule 1. 4On 3 February 2014, and on request of the applicant, Alexander Ribarovski was joined by the NCAT as a second respondent to the proceedings. 5The application was listed for hearing before me on 13 May 2014 and the parties were represented as noted above.