Glen MacFadyen and Heidi MacFadyen v George Tadrosse [2014] NSWCATCD 194

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Glen MacFadyen and Heidi MacFadyen v George Tadrosse [2014] NSWCATCD 194 Hearing dates: 3 June 2014 Date of orders: 14 October 2014 Decision date: 14 October 2014 Jurisdiction: Consumer and Commercial Division Before: D Goldstein, Senior Member Decision: 1. The respondent's defence that the Tribunal does not have the jurisdiction to hear this building claim pursuant to section 48(K)(7) of the Home Building Act 1989, is dismissed. 2. The respondent must pay the applicants the sum of $18,070.93 immediately. 3. Either party is at liberty to make a costs application in these proceedings. 4. 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 5. The costs respondent will have 21 days after the date of receipt of the costs application referred to above, to lodge in the Tribunal and serve on the costs applicant the submissions, if any, in response to the costs application, such submissions either attaching or referring to the documents relied upon 6. The cost applicant will have 14 days after the date of receipt of the cost respondent's submissions to lodge in the Tribunal and serve on the costs respondent the submissions, if any, in reply, such submissions either attaching or referring to the documents relied upon. 7. The Tribunal will determine any costs application on the basis of the papers lodged in the Tribunal. Catchwords: Statutory warranties Legislation Cited: Home Building Act 1989 Cases Cited: Allianz v Waterhouse [2009] NSWCA 224, Bailey v Owners Corporation of Strata Plan 62666 [2011] NSWCA 293, Nguyen v Cosmopolitan Homes [2008] NSWCA 246 at [55]. Texts Cited: Building Disputes & The Home Building Act 1989 (NSW) P. Bambiogotti Category: Principal judgment Parties: Glen MacFadyen and Heidi MacFadyen (applicants) George Tadrosse (respondent) Representation: Counsel: Mr T Bland for the applicants Mr Gourlie (solicitor) for the respondent Solicitors: Hunt & Hunt for the applicants Watson & Watson for the respondent File Number(s): HB 13/63897