Huxley Homes Pty Ltd v Alexander Augustyn and Rebecca Augustyn; Alexander Augustyn and Rebecca Augustyn v Huxley Homes Pty Ltd [2015] NSWCATCD 17

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Huxley Homes Pty Ltd v Alexander Augustyn and Rebecca Augustyn; Alexander Augustyn and Rebecca Augustyn v Huxley Homes Pty Ltd [2015] NSWCATCD 17 Hearing dates: 16, 17 December 2014 Decision date: 03 February 2015 Jurisdiction: Consumer and Commercial Division Before: Jeffery Smith, Senior Member Decision: Huxley Homes Pty. Ltd. shall pay Alexander Augustyn and Rebecca Augustyn, jointly, the sum of $1,929.92 immediately. The applications are otherwise dismissed. If the parties are unable to agree on the issue of costs, leave is granted for the parties to file and serve short written submissions on that issue only within 21 days of the date of these orders. If any party seeks a hearing on the issue of costs leave is granted to make that request in writing to the Divisional Registrar within 21 days of the date of these orders. Catchwords: Residential building work, mould, warranties as to residential building work, reasonably fit for occupation as a dwelling. Legislation Cited: Home Building Act 1989 (NSW), Consumer, Trader and Tenancy Tribunal Act 2001 (NSW), Civil and Administrative Tribunal Act 2013 (NSW). Cases Cited: The Owners Strata Plan 62930 v Kell and Rigby [2010] NSWSC 612, Jones v Bartlett [2000] HCA 56 Category: Principal judgment Parties: Alexander Augustyn and Rebecca Augustyn, home owners, Huxley Homes Pty Ltd, builder Representation: Counsel: Mr Davie, for the homeowners Mr Phillips, for the builder Solicitors: Peter Merity Solicitor, for the homeowners Mahony Law, for the builder File Number(s): HB 13/16053 and HB 13/29645 Publication restriction: Unrestricted