Atherton v T M Building Consultants Pty Ltd; T M Building Consultants Pty Ltd v Atherton [2014] NSWCATCD 255

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Atherton v T M Building Consultants Pty Ltd; T M Building Consultants Pty Ltd v Atherton [2014] NSWCATCD 255 Hearing dates: 24-26 February 2014 Decision date: 17 October 2014 Jurisdiction: Consumer and Commercial Division Before: P Briggs, General Member Decision: Mr and Mrs Atherton are to pay to T.M Building Consultants Pty Ltd the sum of $3,843.20 on or before 12 November 2014. T M Building Consultants Pty Ltd are to provide to Mr & Mrs Atherton all warranties and certificates in relation to the work in its possession or control on or before 28 October 2014. The parties are to contact the Divisional Registrar to advise if they wish to be heard on costs or will provide submissions. In the event they elect to provide submissions both parties will be required to file and serve their submissions not later than 26 November 2014. Catchwords: Termination of contract; Reasonable rectification; Warranties, Certification, Liquidated damages, Legislation Cited: Home Building Act 1989 Cases Cited: Banco de Portugal v Waterlow & Sons Ltd [1932] AC452; Segenhoe Ltd v Atkins (1990) 29 NSWLR 569; Sachar Investments Pty Ltd v Forma Stereo Consultants Pty Ltd [1976]1 NSLWR5; Wenkart v Pitman (1998) NSWLR 502; TC Industrial Plant PtyLtd v Robert's Queensland Pty Ltd (1963) 180 CLR 130. Bellgrove v Eldridge [1954] HCA 36 (1954) 90 CLR 613 (20 August 1954). South Parklands Hockey & Tennis Centre Inc v Brown Falkiner Group Pty Ltd [2004] SASC 81. Scott Carver Pty Ltd v SAS Trustee Corporation [2005] NSWCA 462. Brewarrina v Beckhouse Civil Pty Ltd [2006] NSWCA 361. Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA (12 February 2009) The Commonwealth of Austtralia v Amann Aviation Pty Limited (1992) 174 CLR64 F.C 91/043 High Court of Australia. Ringrow Pty Ltd v BP Australia Pty Ltd (2005) 224 CLR 656 at [9-12] Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79, Multiplex Constructions Pty ltd v Abgarus Pty Ltd (1992) 33 NSWLR 504. Liebe v Molloy (1906 $ CLR 347 Texts Cited: MacGregor on Damages 15th Edition Category: Principal judgment Parties: T M Building Consultants Pty Ltd (applicant/cross respondent) Trevor and Trudie Atherton (respondents/cross applicants) Representation: Counsel: Mr T Davie Mr M Klooster Solicitors: Atherton Legal representing T and T Atherton – the owners Adams Partners representing TM Building Consultants Pty Ltd File Number(s): HB 11/51506 and HB 12/29913 Publication restriction: Nil