A G and J R Keevers trading as Frontline Fences v Colin McQueen and Jennifer McQueen and Hadomall Pty Ltd Colin McQueen and Jennifer McQueen and Hadomall Pty Ltd v A G and J R Keevers trading as Frontline Fences [2014] NSWCATCD 137

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: A G and J R Keevers trading as Frontline Fences v Colin McQueen and Jennifer McQueen and Hadomall Pty Ltd Colin McQueen and Jennifer McQueen and Hadomall Pty Ltd v A G and J R Keevers trading as Frontline Fences [2014] NSWCATCD 137 Decision date: 23 July 2014 Before: G Bassett, General Member Decision: 1.On or before 13 August 2014, the applicants/cross-respondents (home builders) are to pay the respondents/cross-applicants (home owners) the sum of $2,880.00 Catchwords: Warranty, suitable for the purpose, proper and workmanlike manner Legislation Cited: Section 18 Home Building Act 1989 Category: Principal judgment Parties: A G and J R Keevers trading as Frontline Fences (applicants/cross respondents) - builder

Colin McQueen and Jennifer McQueen and Hadomall Pty Ltd (respondents/cross applicants) homeowners File Number(s): HB 13/54530, HB 13/60717

reasons for decision

APPLICATION 1On 21 October 2013 the builders lodged application HB 13/54530 for the respondents to pay the sum of $938.00 for work done. 2On 1 November 2013 the matter came before the Tribunal. The home owners were directed to put on any cross-application by 22 November 2013. Any cross-application was directed to be heard with HB 13/607/17. 3On 22 November 2013 the home owners lodged a cross-application seeking orders that the respondents pay them the sum of $5,360.49. They also sought relief from paying the $938.00 sought by the builders. 4On 29 November 2013 Jennifer McQueen and Hadomall Pty Ltd were joined as respondents/cross-applicants. Hadomall was the corporate trustee of the home owners self-managed superannuation fund. Directions were made regarding exchange and lodgement of evidence to be relied on in respect of both matters.