Adam Eftimoski v Metricon Homes Pty Ltd [2014] NSWCATCD 254

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Adam Eftimoski v Metricon Homes Pty Ltd [2014] NSWCATCD 254 Hearing dates: 13 June 2014 Date of orders: 28 October 2014 Decision date: 28 October 2014 Jurisdiction: Consumer and Commercial Division Before: D Goldstein, Senior Member Decision: The parties have 21 days after the date of the orders in these proceedings to submit an agreed work order that reflects the Reasons for Decision, or if such agreement cannot be reached, the work order that each of them submits ought to be made, having regard to the Reasons for Decision. Metricon Homes Pty Ltd must pay Adam Eftimoski the sum of $1,500.00 as liquidated damages within seven days of the date of this order. The applicant's claim for loss of rental income is dismissed. The applicant's claim for reimbursement for tiling is dismissed. Either party is at liberty to make a costs application in these proceedings. Any costs application pursuant to section 60 of the Civil and Administrative Tribunal Act 2013 or rule 38 of the Civil and Administrative Tribunal Rules 2014 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: Defective brickwork, defects, liquidated damages Legislation Cited: Environmental Planning and Assessment Act 1979, Civil and Administrative Tribunal Act 2013; Home Building Act 1989 Cases Cited: Bellgrove v Eldridge (1954) 90 CLR 613, Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705, Pownall v Conlon Management Pty Ltd (1995) 12 WAR 370, Radford v De Froberville [1977] 1 WLR 1262 at 1270, Tabcorp Holdings Pty Limited v Bowen Investments Pty Limited [2009] HCA 8 (12 February 2009). Category: Principal judgment Parties: Adam Eftimoski (applicant) Respondent: Metricon Homes Pty Ltd (respondent) Representation: Solicitors: Mark Evans, solicitor for the applicant BCP Lawyers, solicitors for the respondent File Number(s): HB 14/09414 Publication restriction: Unrestricted