John Churchill and Louise Churchill v Troy Paschini trading as The Labyrinth Garden [2015] NSWCATCD 73

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: John Churchill and Louise Churchill v Troy Paschini trading as The Labyrinth Garden [2015] NSWCATCD 73 Hearing dates: 17 December 2014 and 19 February 2015 Decision date: 09 July 2015 Jurisdiction: Consumer and Commercial Division Before: P Boyce, Senior Member Decision: 1 The respondent is to pay to the applicants damages in the sum amount $70,785.00 on or before 31 August 2015. 2 Any application for costs is to be in writing to the Tribunal supported by evidence and submissions and is to be filed and served on or before 24 July 2015; 3 Any evidence and submissions in reply from the party opposing the application for costs is to be filed and served on or before 7 August 2015; 4 The parties are to advise the Tribunal in their respective submission if they consent to the issue of costs being determined dealt with on the papers; 5 Alternatively the parties are to make submissions as to why such an order should not be made pursuant to section 50 of the Civil and Administrative Tribunal Act 2013 Catchwords: Contracting party identity, breach of statutory warranties under the Home Building Act 1989 Legislation Cited: Civil Liability Act 2002 Home Building Act 1989 Cases Cited: Lym International Pty Ltd v Marcolongo [2011] NSWCA 303 Suncorp Metway Insurance Ltd v Owners Corporation SP 64487 [2009] NSWCA 223 Pethybridge v Stedikas Holdings Pty Ltd (2007) Aust Contract R 90-263; [2007] NSWCA 154 Ryledar Pty Ltd v Euphoric Pty Ltd (2007) 69 NSWLR 603; [2007] NSWCA 65 FloMin Inc v Australian Raw Materials Corporation Pty Ltd (formerly named Tennant Ltd) (voluntary administrators apptd) [2011] NSWSC 585 Tomko v Palasty [2007] NSWCA 258 Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR Toll (FGCT) v Alphapharm Pty Ltd (2004) 219 CLR 165 Branir Pty Ltd v Ownston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 Kavia Holdings Pty Ltd v Suntract Holdings Pty Ltd [2011] NSWCA Air Tahiti Nui Pty Limited v McKenzie [2009] NCSWCA 429 Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337 Category: Principal judgment Parties: John Churchill and Louise Churchill (applicants) Troy Paschini trading as The Labyrinth Garden (respondent) Representation: Counsel: Ms FT Roughley (applicants) Mr M. Fantin (respondent) Solicitors: Vobis Equity Attorneys (respondent) File Number(s): HB 14/28456 Publication restriction: Unrestricted