Farthing v Wagg and Hackett; Wagg and Hackett v Farthing [2015] NSWCATCD 12

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Farthing v Wagg and Hackett; Wagg and Hackett v Farthing [2015] NSWCATCD 12 Hearing dates: 13, 14 and 15 May 2013, 2 July 2013 and 1 September 2014 Decision date: 22 January 2015 Jurisdiction: Consumer and Commercial Division Before: N Correy, Senior Member Decision: 1. In matter HB11/43514 that the homeowners pay to the builder the sum of $41,148.01 in damages for breach of contract. 2. In matter HB 11/62299 that the builder pay to the homeowners the sum of $1,125.00 in respect to the costs of rectification of defective work. 3. That the homeowners pay to the builder the difference in the amounts payable in paragraphs 1 and 2 above being an amount of $40,023.01 within 28 days of the date of this order. 4. That the builders submissions in relation to costs be filed and served on the homeowners within 21 days of the date of this order. 5. That the homeowners response to the builder's costs submissions be filed and served on the builder within 21 days of the date of service upon them of the builders submission . 6. Any reply submissions by the builder if required, limited to two pages be filed within 7 days of receipt of the homeowners' submissions. Legislation Cited: Home Building Act 1989 (HBA) Civil and Administrative Tribunal Act 2013 (CAT) Cases Cited: Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd (2007) CLR 115 McCann v Switzerland Insurance Australia (2000) 203 CLR 589 Floriut Holdings Pty Ltd v Sebastian Builders and Developers Pty Ltd (2009)NSWCA 303 Carr v JA Berriman Pty Ltd (1953) 27 ALR 273 North Sydney Leagues Ltd v Synergy Protection Agency Pty Ltd [2012] NSWCA 168 Robinson v Harman (1848) 1 Ex 850 Chappel v Hart (1998) 195 CLR 232 Nowlan v Marson Transport Pty ltd [2001] NSWCA 346 White v Overland [2002] FCA 1333 Category: Principal judgment Parties: Dean Farthing (applicant/cross respondent) Andrew Wagg and Marie Hackett (respondents/cross applicants) Representation: Counsel: BCA Bradley for Farthing T Catanzariti for Wagg and Hackett Solicitors: HWL Ebsworth Lawyers for D Farthing Maccallum Lawyers for Andrew Wagg and Marie Hackett File Number(s): HB 11/43514 and HB 11/62299 Publication restriction: Nil