Goldstone v Patterson; Patterson v Goldstone [2014] NSWCATCD 203

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Goldstone v Patterson; Patterson v Goldstone [2014] NSWCATCD 203 Hearing dates: 29 May 2014 and 14 August 2014 Decision date: 22 October 2014 Jurisdiction: Consumer and Commercial Division Before: K Holwell, General Member Decision: The claim by Graham Goldstone against Colleen Patterson is dismissed. Graham Goldstone is to pay Colleen Patterson the sum of $4,480.00 immediately. Colleen Patterson is relieved from payment of the sum of $22,847.90 to Graham Goldstone. The orders made on 23 January 2014 on file HB 13/47678. Catchwords: Builder claim for cost of works; Home Owner claim for relief against payment, compensation for defective work and costs Legislation Cited: Home Building Act 1989 (NSW Category: Principal judgment Parties: Graham Goldstone (applicant in HB 14/12853 and respondent in HB 14/12859) Colleen Patterson (applicant in HB 14/12859 and respondent in HB 14/12853) Representation: The parties in person File Number(s): HB 14/12853 and HB 14/12859 Publication restriction: Nil

judgment

Application 1. Graham Goldstone ("the builder") has a claim for $22,847.90 (amended from $19,276.00) for building work claimed to have been performed for Colleen Patterson ("the home owner"). 2. The home owner has claims for $11,400.00 and $2,400.00 to rectify defective work, a claim for $2,800.00 for a refund of an insurance payment, a claim of $2,040 for costs and a claim to be relieved from payment of the amount being claimed by the builder.

Jurisdiction 1. The Tribunal has jurisdiction to hear and determine the applications pursuant to the Home Building Act 1989 (NSW). Residential building work was performed at a house at Suffolk Park. The builder is licensed. The claims are brought within the time limits in the legislation.