Long & Fitzpatrick v Wollongong Homes Pty Ltd [2015] NSWCATCD 141

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Long & Fitzpatrick v Wollongong Homes Pty Ltd [2015] NSWCATCD 141 Hearing dates: 2 December 2014 and 18 March 2015 Decision date: 18 November 2015 Jurisdiction: Consumer and Commercial Division Before: T Simon, Senior Member Decision: 1. The respondent is to pay the applicant the sum of $24,248.40 immediately.

2. The applicant is to provide to the respondent and the Tribunal, either in person or by post, any submissions or documents in relation to costs on or before 4 December 2015.

3. The respondent is to provide to the applicant and the Tribunal, either in person or by post, any submissions or documents in relation to costs on or before 18 December 2015.

4. Costs will be decided on the papers. In the event that either party seeks to be heard in person, they should make submissions on or before 30 November 2015 as to why the Tribunal should grant an oral hearing on costs and will be informed of the outcome in due course. Catchwords: Home Building, defects, breach of statutory warranty, agreements at conclave Legislation Cited: Home Building Act (NSW) 1989 Cases Cited: Bitannia v Parkline [2009] NSWSC 246 Davis Homes Pty Ltd v Listowski (Home Building) 2010 NSWCTTT 250 (8 June 2010) Lucantonio v Kleinert [2009] NSWSC 929 (5 August 2009) Category: Principal judgment Parties: Harry Long (applicant) Raewyn Fitzpatrick (applicant) Wollongong Homes Pty Ltd (respondent) Representation: Counsel: Mr J Young for the applicant Mr M J Dawson for the respondent Solicitors: Alex Ilkin & Co for the applicant Maguire & Mcinerney for the respondent File Number(s): HB 13/11056 Publication restriction: Nil