Chen v Mason & Mason Investments Pty Ltd [2016] NSWCATCD 4

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chen v Mason & Mason Investments Pty Ltd [2016] NSWCATCD 4 Hearing dates: 12 November 2015 Decision date: 07 January 2016 Jurisdiction: Consumer and Commercial Division Before: C R Xuereb, General Member Decision: The respondent must pay $11,052.65 to the applicant within 28 days of the date of these orders. Catchwords: Building contract, variation, consideration for variation, completion, liquidated damages Legislation Cited: Home Building Act 1989 Cases Cited: Musumeci v Winadell Pty Ltd 34 NSWLR 723 Category: Principal judgment Parties: Wen Chen – applicant Mason & Mason Investments Pty Ltd – respondent Representation: Applicant in person No appearance for or on behalf of respondent File Number(s): HB 15/48448 Publication restriction: Nil

REASONS FOR DECISION

APPLICATION 1. The application was lodged on 20 August 2015. The applicant, Wen Chen, claims from the respondent, Mason & Mason Investments Pty Ltd, trading as House Logic Solutions liquidated damages at the rate of $350.00 per week from 25 July 2014 to 3 August 2015.

JURISDICTION 1. The claim concerns residential building work in respect of the construction of a granny flat at the applicant's property. Section 48K of the Home Building Act 1989 gives the Tribunal jurisdiction to hear and determine any building claim brought before it in accordance with Part 3A of the Act. Part 3A of the Act is concerned with resolving building disputes and building claims. Section 48A defines "building claim" widely to include claims for money arising out of the supply of building goods or services whether under a contract or not. The Tribunal finds that it has jurisdiction to hear and determine the claim.