Raj Saneja and Manju Saneja v Dynabuild Pty Ltd Dynabuild Pty Ltd v Raj Saneja and Manju Saneja [2014] NSWCATCD 84

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Raj Saneja and Manju Saneja v Dynabuild Pty Ltd Dynabuild Pty Ltd v Raj Saneja and Manju Saneja [2014] NSWCATCD 84 Hearing dates: 25 and 26 September and 21 November 2013 Decision date: 27 May 2014 Before: N Correy, Senior Member Decision: 1.On the homeowners' application the builder is ordered to pay to the homeowners the amount of $53,068.00 within 28 days of the date of this order. 2.The builder's cross claim against the homeowners is dismissed 3.The homeowners submissions on costs (including a detailed assessment of costs setting out the scheduled time charges for professional fees and a schedule of all disbursement incurred together with copies of relevant invoices) ,are to be filed and served by 25 June 2014. 4.The builder's reply submissions on costs including its detailed assessment in the same form as required from the homeowners as set out in paragraph 3 above, limited to costs incurred in defence of the homeowners withdrawn claims, is to be filed and served by 25 July 2014. Legislation Cited: Home Building Act 1989 (HBA) Civil and Administrative Tribunal Act 2013 Cases Cited: Turner Corporation Ltd (in liq ) v Coordinated Industries Pty Ltd (1995) BCL 202 Kane Constructions Pty Ltd v Sopov [2005] VSC 237 Codelfa Constructions Pty Ltd v State Rail Authority of NSW [1982] CLR 337 Dante De Grazia trading as All Sydney Building Services v Nicholas Solomon [2010] NSWSC 322 South Sydney Council v Royal Botanic Category: Principal judgment Parties: Raj Saneja and Manju Saneja (applicant/ cross respondent) Dynabuild Pty Ltd (respondent/cross applicant) Representation: Nicholas Allan of Counsel (for Raj Saneja and Manju Saneja/homeowners) David Doyle (Days I and 2) and Robert Zikman of Counsel (Day 3) appeared for Dynabuild Pty Ltd/the builder File Number(s): HB 12/32153 and HB 12/41632