Brendan Jay McAllery and Tracy Catherine McAllery v Alta Building & Developments Pty Ltd [2014] NSWCATCD 106

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Brendan Jay McAllery and Tracy Catherine McAllery v Alta Building & Developments Pty Ltd [2014] NSWCATCD 106 Hearing dates: 28, 29 and 30 August and 18 December 2013 Decision date: 24 June 2014 Before: D Goldstein, Senior Member Decision: 1.For the reasons provided, Alta Building & Developments Pty Ltd must pay the sum of $131,825.31 to Brendan Jay McAllery and Tracy Catherine McAllery within 21 days of the orders made in these proceedings. 2.The parties are at liberty to make a costs application. 3.Any costs application must be lodged in the Tribunal and served on the costs respondent within 21 days of the date of this order either attaching or referring to the documents relied upon in support of the application. 4.The costs respondent will have 21 days after the date it receives the application referred to above, to lodge in the Tribunal and serve on the costs applicant its submissions, if any, in response to the costs application, such submissions either attaching or referring to the documents relied upon. 5.The cost applicant will have 14 days after the date it receives the cost respondent's submissions to lodge in the Tribunal and serve on the costs respondent its submissions, if any, in reply, such submissions either attaching or referring to the documents relied upon. 6.The Tribunal will determine any costs application on the basis of the submissions and attached documents lodged in the Tribunal. Legislation Cited: Consumer, Trader and Tenancy Tribunal Act 2001, Consumer, Trader and Tenancy Tribunal Regulation 2009, Home Building Act 1989, Fair Trading Act 1998 Cases Cited: BAE Systems Australia Ltd v Cubic Defence New Zealand Ltd HYPERLINK "http://www.austlii.edu.au/au/cases/cth/federal_ct/2011/1434.html" [2011] FCA 1434, CH Real Estate Pty Ltd v Jainran Pty Ltd, Boyana Pty Ltd v Jainran Pty Ltd [2010] NSWCA 37, Doepel & Associates Architects Pty Ltd v Hodgkinson [2008] WASCA 262, Hart v Macdonald (1910) 10 CLR 417, Houghton v Arms 225 CLR, Insight Oceania Pty Ltd v Philips Electronics Australia Pty Ltd [2008] NSWSC 710, Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705, Onesteel Manufacturing Pty Ltd v United KG Pty Ltd [2006] SASC 119, Sydneywide Distributors Pty Ltd v Red Bull Australia Pty Ltd [2002] FCAFC 157 Category: Principal judgment Parties: Brendan Jay McAllery and Tracy Catherine McAllery (applicants) Alta Building & Developments Pty Ltd (respondents) Representation: Mr J Clifton for the applicants Rexstraw Lawyers, solicitors for the applicants. File Number(s): HB 11/4507 Publication restriction: Unrestricted