Grace v Pepe [2014] NSWDC 259

District Court New South Wales

Medium Neutral Citation: Grace v Pepe [2014] NSWDC 259 Hearing dates: 26, 27 and 28 November 2014 Decision date: 01 December 2014 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Allow the appeal. (2) Remit my decision on the questions set out in these reasons to the Tribunal and order a rehearing of the proceedings by the Tribunal pursuant to s 67(3)(b) of the Consumer, Trader and Tenancy Tribunal Act 2001. (3) Order the costs of the appeal (excluding the plaintiff's costs of the first day of hearing) be costs in the Tribunal, to abide the determination by the Tribunal of the costs in the Tribunal. (4) By consent, grant liberty to either party to apply to this Court in respect of a Suitors' Fund Act 1951 Certificate, in respect of the costs of these proceedings, after the determination of the rehearing by the Tribunal. Catchwords: APPEAL FROM CONSUMER, TRADER AND TENANCY TRIBUNAL, building contract - validity of owners' notice of termination - validity of suspension by owners - validity of suspension by builder - validity of notice to rectify Legislation Cited: Consumer, Trader and Tenancy Tribunal Act 2001, s 67 Suitors' Fund Act 1951 Cases Cited: Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337 Edyp and Ors v Brazbuild Pty Ltd [2011] NSWCA 218 Franklins Pty Ltd v Metcash Trading Ltd (2009) 76 NSWLR 603 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32 Progressive Mailing House Pty Ltd v Tabali Pty Ltd [1985] HCA 14 Category: Principal judgment Parties: Sam Grace trading as Grace Design and Construction (plaintiff) Anthony Pepe (first defendant) Sophia Pepe (second defendant) Representation: Counsel: Mr K Ginges (plaintiff) Mr R Zikmann (defendants)