Jason and Michelle Zammit trading as Zammit’s Quality Constructions v Saul Markunsky and Shereen Markunsky [2015] NSWCATCD 21

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jason and Michelle Zammit trading as Zammit's Quality Constructions v Saul Markunsky and Shereen Markunsky [2015] NSWCATCD 21 Hearing dates: 19, 20 and 21 August 2014 Decision date: 23 February 2015 Jurisdiction: Consumer and Commercial Division Before: D Goldstein, Senior Member Decision: 1. Saul Markunsky and Shereen Markunsky must pay Jason and Michelle Zammit trading as Zammit's Quality Constructions the sum of $17,489.40 within 14 days of the date of this order 2. Either party is at liberty to make a costs application in these proceedings. 3. Any costs application pursuant to section 53 of the Consumer, Trader and Tenancy Tribunal Act 2001 or regulation 20 of the Consumer, Trader and Tenancy Tribunal Regulation 2009 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. 4. 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. 5. 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. 6. The Tribunal will determine any costs application on the basis of the papers lodged in the Tribunal Catchwords: Section 94(1A) of the Home Building Act 1989, quantum meruit, mitigation of loss and defects. Legislation Cited: Civil and Administrative Tribunal Act 2013, Consumer, Trader and Tenancy Tribunal Act 2001, Consumer, Trader and Tenancy Tribunal Regulation 2009 Home Building Act 1989 Cases Cited: Brenner v First Artists' Management Pty Ltd [1993] 2 VR 221, Eddy Lau Constructions Pty Ltd v Transdevelopment Enterprise Pty Ltd [2004] NSWSC 273, Pender v Robwenphi Pty Limited & Anor [2008] NSWSC 1144, Stephenson v State Bank of New South Wales (1996) 39 NSWLR 101, Talga v MBC International Limited (1976) 133 CLR 622, The Owners - Strata Plan No 76674 v Di Blasio Constructions Pty Ltd [2014] NSWSC 1067, TCN Channel 9 v Hayden Enterprises Pty Limited Texts Cited: Dorter & Sharkey, Building and Construction Contracts in Australia, Second Edition Category: Principal judgment Parties: Applicants: Jason and Michelle Zammit trading as Zammit's Quality Constructions Respondents: Saul Markunsky and Shereen Markunsky Representation: Counsel: Mr Moschoudis for the applicants Mr Ahmed for the respondents Solicitors: Bateman Battersby for the applicants KWS Legal for the respondents File Number(s): HB 12/59836 Publication restriction: Unrestricted