Woolley v Johns & Rogers Pty Limited [2016] NSWCATCD 16

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Woolley v Johns & Rogers Pty Limited [2016] NSWCATCD 16 Hearing dates: 12 November 2014 and 2 April 2015 Decision date: 12 February 2016 Jurisdiction: Consumer and Commercial Division Before: T Simon Senior Member Decision: 1. The respondent is to pay the applicant the sum of $17,496.05 immediately

2. In the event that either party intends to make an application for costs, the applicant is to provide any documents and submissions in relation to costs to the respondent and the Tribunal, either in person or by post by 26 February 2016.

3. The respondent is to provide any documents and submissions in relation to costs to the applicant and the Tribunal, either in person or by post on 18 March 2016.

4. The issue of costs will be decided on the papers. In the event that the parties wish to be heard in person they must advise the Tribunal on or before 26 February 2016. Catchwords: Home Building, scope of work, s 18F defence, breach of statutory warranty Legislation Cited: Building Services Corporation Legislation Amendment Act 1996 (NSW) Home Building Act 1989 (NSW) Cases Cited: Pham v Broadview Windows Pty Ltd & Ors [2009] NSWCTTT 375 The Craftsmen Restoration and Renovations v Thomas Boland; Thomas Boland v The Craftsmen Restoration and Renovations [2008] NSWSC 660 Category: Principal judgment Parties: Pat Woolley (applicant) Johns & Rogers Pty Ltd (respondent) Representation: Counsel: D Hand for the respondent Solicitors: A Adams of Mayweathers for the applicant P Adam of Adams Partners Lawyers for the respondent File Number(s): HB 14/19858 Publication restriction: Nil