Jennifer Spencer and Ricardo Spencer v T M Building Consultants Pty Ltd (HB 12/07020) T M Building Consultants Pty Ltd v Jennifer Spencer and Ricardo Spencer (HB 13/40263) [2014] NSWCATCD 113

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jennifer Spencer and Ricardo Spencer v T M Building Consultants Pty Ltd (HB 12/07020) T M Building Consultants Pty Ltd v Jennifer Spencer and Ricardo Spencer (HB 13/40263) [2014] NSWCATCD 113 Hearing dates: 19 May 2014, and reserved for decision on the papers Decision date: 27 June 2014 Before: Jeffery Smith, Senior Member Decision: 1. Pursuant to the NCAT Act Schedule 1 and the provisions of the CTTT Acts 34(1), an order is made dispensing with a hearing in both matters. 2. TM Building Consultants Pty Ltd shall pay Jennifer Spencer and Ricardo Spencer, jointly, the sum of $196,818.72 immediately. 3. If the parties are unable to agree on the issue of costs they may each file a short written submission on that issue only within 21 days of the date of these orders. 4. If any party seeks a hearing on the issue of costs, a request in writing to the Divisional Registrar must be made within 21 days of the date of these orders. Catchwords: Hearing on the papers Legislation Cited: Civil and Administrative Tribunal Act 2013 (NCAT Act) Home Building Act 1989 (HBA) Consumer, Trader and Tenancy Tribunal Act 2001 (CTTT Act) Cases Cited: Bellgrove v Eldridge [1954] HCA 36, Tabcorp Holdings Ltd v Bowen Investments Pty. Ltd. [2009] HCA 8, McDougall v ACCA Constructions Pty. Ltd [2011]NSWCTTT 360, Robinson v Harmon [1848] 154 All ER 363, Scott Carver Pt. Ltd v SAS Trustee Corporation [2005]NSWCA 462, Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305, Pavey & Matthews v Paul [1987] HCA 5 Category: Principal judgment Parties: Jennifer and Ricardo Spencer (the home-owners), T M Building Consultants Pty Ltd (the builder) Representation: Mr Bland of counsel, instructed by Strathfield Law for the homeowners