Warren v K Kavangh t/as Local Fencing [2015] NSWCATCD 140

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Warren v K Kavangh t/as Local Fencing [2015] NSWCATCD 140 Hearing dates: 12 October 2015 Decision date: 20 November 2015 Jurisdiction: Consumer and Commercial Division Before: B Shipp, Senior Member Decision: In matter HB 15/35616 (the Builder's application)

1. The application is dismissed.

In matter HB 15/46670 (The Home Owner's application)

1. The amount of $10,456.00 is not due by the Home Owner to the Builder pursuant to Tax Invoice dated 16 September 2014.

2. The Builder is to pay the Home Owner the sum of $5,500.00 on or before 15 December 2015. Legislation Cited: Home Building Act 1989 Cases Cited: Craftsmen Restoration & Renovations Pty Ltd v Boland [2011] NSWCA 147 Bellgrove v Eldridge [1954] HCA 36; (1954) 90 CLR 613 Xu v Jinhong Design & Constructions Pty Ltd [2011] NSWCA 277 Darin v Olzomer [2012] NSWCA 60 Jason and Michelle Zammit trading as Zammit's Quality Constructions v Saul Markunsky and Shereen Markunsky [2015] NSWCATCD 21 Eddy Lau Constructions Pty Ltd v Transdevelopment Enterprise Pty Ltd [2004] NSWSC 273 Stephenson v State Bank of New South Wales (1996) 39 NSWLR 101 Talga v MBC International Limited [1976] HCA 22; (1976) 133 CLR 622 Sullman v Sullman [2002] NSWSC 169 Pender v Robwenphi Pty Limited & Anor [2008] NSWSC 1144 Category: Principal judgment Parties: Ms Tegan Warren (applicant) Mr K Kavanagh trading as Local Fencing (respondent) Representation: The Home Owner in person with Mr Laurence Warren Mr K Kavanagh and Mr Lindsay Baxter File Number(s): HB 15/35616HB 15/46670HB 15/35616HB 15/46670 Publication restriction: Nil