Robert Symes and Kim Louise Filmer v Mick Fabar Constructions Pty Ltd [2014] NSWCATCD 229

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Robert Symes and Kim Louise Filmer v Mick Fabar Constructions Pty Ltd [2014] NSWCATCD 229 Hearing dates: 25 October 2013, 4 and 5 February 2014 Decision date: 25 November 2014 Jurisdiction: Consumer and Commercial Division Before: D Goldstein, Senior Member Decision: Mick Fabar Constructions Pty Ltd must pay Robert Symes and Kim Louise Filmer the sum of $99,304.71 within 14 days of the date of this order.

Either party is at liberty to make a costs application in these proceedings.

Any costs application pursuant to section 53 of the Consumer, Trader and Tenancy Tribunal Act 2001 or regulation 20 of the Consumer, Trader and Tenancy Tribunal Regulation 2009 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

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

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

The Tribunal will determine any costs application on the basis of the papers lodged in the Tribunal Catchwords: Assessment of damages, unreasonableness and exceptional circumstances Legislation Cited: Environmental Planning and Assessment Act 1979 Home Building Act 1989 Cases Cited: Bellgrove v Eldridge (1954) 90 C.L.R. 613, Cordon Investments Pty Ltd v Lesdor Properties Pty Ltd [2012] NSWCA 184, Fink v Fink (1946) 74 C.L.R. 127, Nguyen v Cosmopolitan Homes [2008] NSWCA 246, Owners Corp SP 75700 v Skyton Developments Pty Ltd and Andrews (Home Building) [2013] NSWCTTT 475 (20 September 2013), Radford v De Froberville [1977] 1 WLR 1262, Robinson v Harman (1848) 1 Ex Rep 850, Tabcorp Holdings Pty Limited v Bowen Investments Pty Ltd [2009] HCA 12 February 2009, Westpoint Management Ltd v Chocolate Factory Apartments Ltd [2007] NSWCA 253, Zhang v United Auctions (Home Building) [2013] NSWCTTT 6 (9 January 2013). Category: Principal judgment Parties: Applicants: Robert Symes and Kim Louise Filmer Respondent: Mick Fabar Constructions Pty Ltd Representation: Counsel Ms M. Fraser for the applicants Mr Carpenter, solicitor, for the respondent: Solicitors: Baldock Stacy and Niven for the applicants Blackwell Short for the respondent File Number(s): HB 10/44392 Publication restriction: Unrestricted