Ultra Developments Pty Ltd v Robert and Kelly Nagle [2015] NSWCATCD 32

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ultra Developments Pty Ltd v Robert and Kelly Nagle [2015] NSWCATCD 32 Hearing dates: 5 November 2014 Decision date: 04 March 2015 Jurisdiction: Consumer and Commercial Division Before: T Simon, Senior Member Decision: The respondent is to pay the applicant the sum of $74,276.47.00 immediately. Any application for an order for costs is to be notified to the Registry by 23 March 2015 by sending a copy of any submissions and evidence in support of such an application to the Registry and the other party. The party against whom any application for costs is made may provide submissions to the submissions and any evidence in reply to the Registry and the other party by 23 April 2015. Category: Principal judgment Parties: Ultra Developments Pty Ltd (applicant) Robert Nagle and Kelly Nagle (respondent) Representation: Counsel: Young, J for the applicant builder Toomey, D for the respondent homeowner

Solicitors: Blackwell Short Lawyers for the applicant Whiteley, Ironside & Shillington Solicitors for the respondent File Number(s): HB 10/52785, HB 14/20419 Publication restriction: Nil

Reasons for Decision

First instance proceedings in the Consumer, Trader and Tenancy Tribunal 1. For ease of reference the applicant shall be referred to as the builder and the respondents as the homeowner. 2. The initial application (HB 10/52785) was made by the builder on 11 November 2010 for payment of an outstanding invoice totalling $32,636.00. An application (HB 11/28376) was subsequently made by the homeowners on 31 May 2011 for an order not to have to pay the amount of $32,636.00. 3. The matters were heard over two days and orders were made in relation to both matters. The relevant orders were… 1. I give leave for Darian Percy to be joined as a respondent in application HB 11/28376. 2. Order that the claim against Ultra Developments Pty Ltd and Darian Percy in application HB 11/28376 be dismissed. 3. In application HB 10/52785, Order that Robert Nagle and Kelly Nagle pay to Ultra Developments Pty Ltd the sum of $59,320.55.