Alta Building & Developments Pty Ltd v Brendan Jay McAllery and Tracey Catherine Margaret McAllery [2014] NSWCATCD 107

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Alta Building & Developments Pty Ltd v Brendan Jay McAllery and Tracey Catherine Margaret McAllery [2014] NSWCATCD 107 Hearing dates: 28, 29 and 30 August 2013 and 18 December 2013 Decision date: 24 June 2014 Before: D Goldstein, Senior Member Decision: The applicant's quantum meruit case is dismissed. The respondents must pay the applicant the sum of $96,360.86 in connection with progress claims, interest and variations within 21 days of the date of this order. The builder's claim for an adjustment to its fee under the contract is dismissed. The parties have leave to make a costs application in relation to these proceedings. 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. 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. 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. The Tribunal will determine any costs application on the basis of the submissions and attached documents lodged in the Tribunal. Legislation Cited: Home Building Act 1989 Cases Cited: Trimis & v Mina [1999] NSWCA 140 Category: Principal judgment Parties: Alta Building & Developments Pty Ltd (applicant) Representation: Mr J Clifton for the respondents Rexstraw Lawyers, solicitors for the respondents File Number(s): HB 10/38289 Publication restriction: Unrestricted