Zeman v Bollard [2015] NSWCATCD 13

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zeman v Bollard [2015] NSWCATCD 13 Hearing dates: 12 June 2014 and 8 December 2014 Decision date: 22 January 2015 Jurisdiction: Consumer and Commercial Division Before: M Harrowell, Principal Member Decision: 1. The respondent, Craig Bollard is to pay to the applicant, Zanja Zeman the sum of $100,000.00 on or before 2 March 2015. 2. Any application for costs is to be made on or before 4 February 2015.Any application is to be in writing to the Tribunal supported by any evidence and submissions. The application and supporting documents must be served on the other party within that time. 3. Any evidence and submissions in reply from the party opposing the application for costs is to be filed and served on or before 13 February 2015. 4. Any submissions in reply from the party applying for costs are to be filed and serve on or before 20 February 2015. The parties are to advise the Tribunal in the submissions whether they consent to the issue of costs being dealt with on the papers. 5. Alternatively the parties are to make submissions as to why such an order should not be made pursuant to section 50 of the Civil and Administrative Tribunal Act, 2013. Catchwords: Right to terminate for repudiation, Termination under contract for substantial breach Election following accrued right Abandonment Whether breach of contract occurs at time non-conforming works are constructed, whether or not time for delivery of completed works has arisen. Liability for breaches occurring prior to abandonment Legislation Cited: Home Building Act 1989 Cases Cited: Bellgrove v Eldridge (1954) 90 CLR 613; Lintest Builders v Roberts (1980) 13 BLR 38; Majik Markets Pty Ltd v Motor Repairs Pty Ltd (No 1) (1987) 10 NSWLR 49; Ryder and Anr v Frohlich and Anr [2004] NSWCA 472; Texts Cited: Contract Law in Australia 5th Edition, Carter, Peden and Tolhurst Category: Principal judgment Parties: Applicant: Zanja Zeman: Respondent: Craig Bollard trading as Clearwater Homes: Representation: Counsel: Applicant: B Bradley Solicitors: Applicant: Mason Lawyers Respondent: M Ohlson, MJ Ohlson Lawyers File Number(s): HB 11/54282 Publication restriction: Nil