Coroneos v Trade Compliance Group Pty Ltd [2015] NSWCATAP 236

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Coroneos v Trade Compliance Group Pty Ltd [2015] NSWCATAP 236 Hearing dates: 13 May 2015 Date of orders: 04 November 2015 Decision date: 04 November 2015 Jurisdiction: Appeal Panel Before: S Higgins, Principal Member S Thode, Senior Member Decision: 1. The appeal is allowed in respect of the following claims: (a) the appellant's claim for defective and incomplete work and liquidated damages; and

(b) the respondent's claim for the balance due under the contract.

2. Order 1 of the Tribunal made in proceedings HB 13/14835 and HB 13/21970 on 2 January 2015, in the Consumer and Commercial Division, is set aside.

3. The proceedings are remitted to the Consumer and Commercial Division for reconsideration of the claims referred to in order 1 of these orders, in accordance with law and without further evidence, except as to the issue of when the contract was terminated and subject to leave, by the Tribunal, any updated evidence as to the issue of quantum of damage.

4. The appeal is otherwise dismissed.

5. The application for costs of each party is refused. Catchwords: Appeal – home building – defective and incomplete work - premature application for damages while contract on foot – construction and application of cl 12(a) of the contract that enabled the homeowner to withhold payment of a progress payment claim by the builder – adequacy of reasons Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: Brewarrina Shire Council v Beckhouse [2005] NSWCA 248 Collins v Urban [2014] NSWCATAP 17 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Reskella v Xiang [2015] NSWCATAP 23 SHH Ltd v Woodorth Plumbing Services Pty Ltd [2014] NSWCATAP 46 Category: Principal judgment Parties: Mary Coroneos (appellant) Trade Compliance Group Pty Ltd (respondent) Representation: PJ Snellgrove, solicitor (appellant) D MacCallum of counsel (respondent) File Number(s): AP 15/05115 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 2 January 2015 Before: N Corey, Senior Member File Number(s): HB 13/14835 and HB 13/21970