Brett Shearer and Bronwyn Shearer v Urban Constructions (NSW) Pty Ltd and Anthony John Cosco [2015] NSWCATCD 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Brett Shearer and Bronwyn Shearer v Urban Constructions (NSW) Pty Ltd and Anthony John Cosco [2015] NSWCATCD 3 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: Urban Constructions (NSW) Pty Ltd must pay Brett Shearer and Bronwyn Shearer the sum of $540.00 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: Restitution, incomplete work, misleading and deceptive conduct Legislation Cited: Civil and Administrative Tribunal Act 2013, Consumer, Trader and Tenancy Tribunal Act 2001, Consumer, Trader and Tenancy Tribunal Regulation 2009, Fair Trading Act 1987, Home Building Act 1989. Cases Cited: David Securities Pty Ltd v Commonwealth Bank of Australia (1992) 175 CLR 353, Doepel & Associates Architects Pty Ltd –v- Hodgkinson [2008] WASCA 262. Gould v Vaggelas (1985) 157 CLR 215, Huntsman Chemical Company Australia Ltd v International Pools Australia Ltd 36 NSWLR 242, Field v Dettman [2013] NSWCA 147, Robinson v Harman (1848) 1 Ex.850. Category: Principal judgment Parties: Applicants: Brett Shearer and Bronwyn Shearer First respondent: Urban Constructions (NSW) Pty Ltd Second respondent: Anthony John Cosco Representation: Counsel: Ms F. Ashworth for the applicants Mr G. Carolan for the respondents