Michelle Gales v Peter Oliver Gaut and Lana Gaut t/as Total Rock Concepts [2015] NSWCATCD 40

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Michelle Gales v Peter Oliver Gaut and Lana Gaut t/as Total Rock Concepts [2015] NSWCATCD 40 Hearing dates: 6 March 2015 Decision date: 25 March 2015 Jurisdiction: Consumer and Commercial Division Before: D. Goldstein, Senior Member Decision: Peter Oliver Gaut and Lana Gaut t/as Total Rock Concepts must pay Michelle Gales the sum of $714.00 within 14 days of the date of this order. Catchwords: Defective work Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: Bellgrove v Eldridge (1954) 90 CLR 613 Hungerfords v Walker 171 C.L.R 125 Nguyen v Cosmopolitan Homes [2008] NSWCA 246 Radford v De Froberville [1977] 1 WLR 1262 Tabcorp Holdings Pty Limited v Bowen Investments Pty Limited [2009] HCA 8 (12 February 2009) Category: Principal judgment Parties: Michelle Gales (applicant) Oliver Gaut and Lana Gaut (respondents) Representation: The parties were self-represented File Number(s): HB 14/ 09658 Publication restriction: Unrestricted

REASONS FOR DECISION 1. In these proceedings the applicant seeks the sum of $37,000.00 in connection with what she alleges is work carried out by the respondent in breach of the warranties implied by s 18B of the Home Building Act 1989 (the 'Act'). 2. The proceedings were heard on 6 March 2015 at Wollongong. The parties were unrepresented. 3. In these reasons for decision I will refer to the applicant as the owner and to the respondents as the builder.