Antonio & Marianna Di Rico v Dion Cominos; Dion Cominos v Antonio & Marianna Di Rico [2015] NSWCATCD 75

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Antonio & Marianna Di Rico v Dion Cominos; Dion Cominos v Antonio & Marianna Di Rico [2015] NSWCATCD 75 Hearing dates: 28 November 2014 & 4 March 2015 Decision date: 30 June 2015 Jurisdiction: Consumer and Commercial Division Before: D G Charles, General Member Decision: 1 In the proceedings constituted by File No HB 14/18936, the respondent is to pay the applicants the sum of $47,206.30 within 28 days of the date of these orders.

2 In the proceedings constituted by File No HB 14/18947, the application is dismissed.

3 The Tribunal directs the parties to confer with a view to reaching an agreement between themselves as to payment of the costs in both proceedings.

4 If the parties cannot reach an agreement on costs, then either party has leave to apply to the Deputy Divisional Registrar on or before 31 August 2015, to have the applications relisted for argument on any costs' orders in both proceedings. Catchwords: No written contract for residential building work Uninsured work – insurance "subsequently obtained" Quantum meruit/Quantum valebat Restitution/unjust enrichment Amount of reasonable remuneration Application of Rawlinson Construction Code rates Conventional Estoppel/Equitable Estoppel Home owner allegations of defective workmanship Calculation of reasonable rectification costs – causation of losses Res Judicata on prior Local Court costs order Pre judgment interest Legislation Cited: Home Building Act 1989 Home Building Regulation 2004 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Civil Procedure Act 2005 Cases Cited: Moloney v Collins [2011] NSWSC 628 Akkari v Sartor [2015] NSWCATAP 79 Pavey & Matthews Pty Ltd v Paul [1987] HCA 5; (1987) 162 CLR 221 Lumbers v W Cook Builders Pty Ltd (in Liquidation) (2008) 232 CLR 635; [2008] HCA 27 AWA v Exicom (1990) 19 NSWLR 705 Verwayen v The Commonwealth (1990) 170 CLR 394 Ryledar v Euphoric (2007) 69 NSWLR 603 Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387 Sidhu v van Dyke (2014) 251 CLR 505 Razdan v Westpac Banking Corporation [2014] NSWCA 126 Xu v Jinhong Design & Constructions Pty Ltd [2011] NSWCA 277 Darin v Olzomer [2012] NSWCA 60 Berryman v Hames Sharley (WA) Pty Ltd [2008] WASC 59 Jones v Dunkel (1959) 101 CLR 298 Texts Cited: Mason & Carter's 'Restitution Law in Australia', Second Edition, K Mason, J W Carter and G J Tolhurst, Lexis Nexis Butterworths, 2008 Category: Principal judgment Parties: Applicant in HB 14/18936 - Antonio & Marianna Di Rico (cross respondent in HB 18947) Applicant in HB 14/18947 - Dion Cominos (cross respondent in HB 18936) Representation: Counsel: Ms S Ross (for Antonio & Marianna Di Rico) Solicitors: Turnbull Hill Lawyers Dion Cominos (self represented) File Number(s): HB 14/18936HB 14/18947 Publication restriction: Unrestricted