Marcello Capone and Nicole Masson v Richard Lambert [2014] NSWCATCD 124

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Marcello Capone and Nicole Masson v Richard Lambert [2014] NSWCATCD 124 Hearing dates: 14, 15 November and 10 December 2013 Decision date: 16 July 2014 Before: D Goldstein, Senior Member Decision: 1 For the reasons provided, the respondent must pay the applicants the sum of $65,716.57 within 21 days of the date of this decision. 2 The parties are at liberty to make a costs application in these proceedings. 3 Any costs application pursuant to section 60 of the Civil and Administrative Tribunal Act 2013 or rule 38 of the Civil and Administrative Tribunal Rules 2014 must be lodged in the Tribunal and served on the costs respondent within 21 days of the date of this decision 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 costs application referred 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 papers lodged in the Tribunal Catchwords: Presumption of regularity, statutory warranties, compliance with conditions of development consent, causation. Legislation Cited: Civil and Administrative Tribunal Act 2013, Civil and Administrative Tribunal Rules 2014, Environmental Planning & Assessment Act 1979 Cases Cited: Alexander and Others v Cambridge Credit Corporation Ltd (1987) 9 NSWLR 310, Allianz v Waterbrook [2009] NSWCA 224, Hill v Woollahara Municipal Council and Ors [2003] NSWCA 106, 127 LGERA, Minister for Natural Resources v. NSW Aboriginal Land Council (1987) 9 NSWLR 154. Texts Cited: Cross on Evidence, Contract Law in Australia, Fifth Edition. Category: Principal judgment Parties: Marcello Capone and Nicole Masson (applicants)