Staniland v Integrity Homes Pty Ltd t/a Integrity New Homes [2015] NSWCATCD 90

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Staniland v Integrity Homes Pty Ltd t/a Integrity New Homes [2015] NSWCATCD 90 Hearing dates: 28 October 2014, 30 January 2015. Submissions closed 22 May 2015. Decision date: 03 August 2015 Jurisdiction: Consumer and Commercial Division Before: J A Ringrose, General Member Decision: 1 For the purposes of determining renewal proceedings the Tribunal is satisfied that the order relating to rectification of concrete being order for and relating to item 3c of the Schedule included the following additional instructions; "Rectify poor concrete finish and incorrect grades and levels to patio and porch. Demolish and reconstruct." and the order relating to item 5 of the schedule incorporates the additional instructions detailed in item 5 of the defect schedule. 2 The proceedings are to be stood over to a directions hearing on a date to be fixed by the Registrar and thereafter listed for hearing before me to enable the remaining issues between the parties to be determined. 3 Costs of the present proceedings are reserved to be determined in conjunction with any order for costs of the whole application. Catchwords: Enforcement of orders for rectification – orders made following a mediation – enforcement of proceedings – s 43 Consumer, Trader and Tenancy Tribunal Act 2001. Renewal of proceedings arising from tribunal order or whether a new contract arose from agreements reached at mediation. Legislation Cited: Consumer, Trader and Tenancy Tribunal Act s 48 (repealed) Cases Cited: Buckle v Reynell and Anor NSWCTTT 23 April 2007 Vero Insurance Limited v Buckle [2008] NSWSC 73 Brewarrina Shire Council v Beckhaus Civil Pty Ltd [2005] NSWCA 248 Category: Principal judgment Parties: Robert Staniland and Kristine Staniland (applicants) Integrity New Homes Pty Ltd t/a Integrity New Homes (respondent) Representation: Counsel: Mr G Jensen of counsel appeared for the applicants instructed by Nexus Law. File Number(s): HB 13/50125 Publication restriction: Nil