Urban Constructions (NSW) Pty Ltd v Brett Shearer and Bronwyn Shearer [2015] NSWCATCD 9

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Urban Constructions (NSW) Pty Ltd v Brett Shearer and Bronwyn Shearer [2015] NSWCATCD 9 Hearing dates: 23, 24, 25 and 26 June 2014 Date of orders: 10 February 2015 Decision date: 10 February 2015 Jurisdiction: Consumer and Commercial Division Before: D. Goldstein, Senior Member Decision: Brett Shearer and Bronwyn Shearer must pay Urban Constructions (NSW) Pty Ltd the sum of $170,220.03 within 21 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: Section 94(1A) of the Home Building Act 1989, quantum meruit, defects, unfinished work Legislation Cited: Civil and Administrative Tribunal Act 2013, Consumer, Trader and Tenancy Tribunal Act 2001, Consumer, Trader and Tenancy Tribunal Regulation 2009, Home Building Act,1989 Cases Cited: Brenner v First Artists' Management Pty Ltd [1993] 2 VR 221, Eddy Lau Constructions Pty Ltd v Transdevelopment Enterprise Pty Ltd [2004] NSWSC 273, Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705, Nguyen v Cosmopolitan Homes [2008] NSWCA 246, Pender v Robwenphi Pty Limited & Anor [2008] NSWSC 1144, Pownall v Conlon Management Pty Ltd (1995) 12 WAR 370, Stephenson v State Bank of New South Wales (1996) 39 NSWLR 101, Sullman v Sullman [2002] NSWSC 169, Talga v MBC International Limited (1976) 133 CLR 622, Update Constructions Pty Ltd v Rozelle Child Care Centre Ltd 20 NSWLR 251. Texts Cited: Dorter & Sharkey Building and Construction Contracts in Australia, Second Edition Category: Principal judgment Parties: Applicant: Urban Constructions (NSW) Pty Ltd Respondents: Brett Shearer and Bronwyn Shearer Representation: Counsel: Mr G. Carolan for the applicant Ms F. Ashworth for the respondents