Owners Corporation SP 4670 v Con Korakis t/as Mihcon Building [2015] NSWCATCD 44

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Owners Corporation SP 4670 v Con Korakis t/as Mihcon Building [2015] NSWCATCD 44 Hearing dates: 23 March 2015 Decision date: 01 April 2015 Jurisdiction: Consumer and Commercial Division Before: Jeffery Smith, Senior Member Decision: 1. Con Korakis t/as Mihcon Building shall pay to the Owners Corporation SP 4670 the sum of $327,067.40 within 30 days of the date of these orders. 2. If the parties are unable to agree on the issue of costs leave is granted for each party to file and serve within 21 days of the date of these orders a short written submission on that issue. 3. If any party seeks a hearing on the issue of costs leave is granted to make such a request in writing to the Divisional Registrar within 21 days of the date of these orders. If no request is made for a hearing the issue will be dealt with in chambers based on submissions received pursuant to 2, above. Catchwords: Lending of builder's licence to unlicensed person, agency of ostensible authority Legislation Cited: Home Building Act 1989, Civil and Administrative Tribunal Act 2013 Cases Cited: Xiao Hui Ying v Perpetual Trustees Victoria Ltd [2012] VCA 316, Solak v Bank of Western Australia [2009] VSC 82, Adam Shepard in his capacity as Registered Trustee of the bankrupt estate of Dr Neil Gordon Stuart Wallman v Paul Miadenis & ors [2011] NSWSC 1431, Leybourne v Permanent Custodians Ltd. [2010] NSWCA 78, Australian Nursing and Midwifery Federation v Kaizen Hospitals (Essendon)Pty Ltd. [2015] FCAFC 23, Crabtree-Vickers Pty. Ltd. v Australian Direct Mail Advertising and Addressing Co Pty Ltd. [1975] HCA 49.) Texts Cited: Agency Law, Simon Fisher, 2000, Butterworths Category: Principal judgment Parties: Owners Corporation SP 4670 (applicant) Con Korakis t/as Mihcon Building (respondent) Representation: Counsel: Mr Southwick instructed by Ms Yang, solicitor, for the applicant Mr Stomo instructed by Ms Klonis, solicitor, for the respondent File Number(s): HB 14/04074 Publication restriction: Nil