Toovey v Lake Macquarie Conveyancing Pty Ltd [2015] NSWCATCD 116

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Toovey v Lake Macquarie Conveyancing Pty Ltd [2015] NSWCATCD 116 Hearing dates: 11 August 2015 Date of orders: 11 August 2015 Decision date: 02 October 2015 Jurisdiction: Consumer and Commercial Division Before: J A Ringrose – General Member Decision: 1. The Tribunal declares that the sum of $487.34 is not due and owing by Robert Toovey to Lake Macquarie Conveyancing Pty Ltd in respect of conveyancing services. Catchwords: Liability for payment for conveyancing services to licenced conveyancer – whether works authorised. Legislation Cited: Conveyancers Licencing Act 2003 ss. 36, 37, 38, 41 and 51. Category: Principal judgment Parties: Robert Toovey (applicant) Lake Macquarie Conveyancing Pty Ltd (respondent) Representation: The applicant appeared in person Ms Berry appeared on behalf of the respondent File Number(s): GEN 15/38115 Publication restriction: Nil

REASONS FOR DECISION

APPLICATION 1. By an application filed on 15 June 2015 the applicant sought an order that he was not required to pay a sum of $487.34 which was claimed by the respondent for conveyancing services and in particular for the preparation of contracts for the sale of his property at Belmont North. He claimed that after he had received but not signed, a document described as a cost agreement, he cancelled the sale and the conveyancing services before any agreement had been signed or returned to the respondent. 2. The matter was listed for directions when both parties were required to provide evidence and the matter ultimately came before me on 11 August 2015. On that date representatives of both parties attended and detailed oral reasons were detailed for decision which I then handed down to the parties. The respondent has requested written reasons which are published hereunder.