Jensen v Bartels [2016] NSWCATCD 27

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jensen v Bartels [2016] NSWCATCD 27 Hearing dates: 16 February 2016 Decision date: 12 April 2016 Jurisdiction: Consumer and Commercial Division Before: K Rosser, Senior Member Decision: 1. The respondent is to pay the applicant the sum of $39,996.06 immediately.

2. The respondent is to pay the applicants' costs, on a party-party basis, as agreed or assessed. Catchwords: Residential building work; termination of contract; incomplete work; defective work; consequential loss; costs Legislation Cited: Home Building Act 1989 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Latoudis v Casey [1990] 170 CLR 534 Oshlak v Richmond River Council [1998] HCA 11 Category: Principal judgment Parties: Jim Jensen and Wintie Jensen – Applicants Cornelis Louis Bartels - Respondent Representation: Snelgroves Solicitors – Applicant Self-represented Respondent File Number(s): HB 15/46047 Publication restriction: Nil

Reasons for decision

Introduction 1. The applicants seek damages in respect of defective and incomplete work and damage to an existing building. Their claim arises from a residential building contract between the parties, which were entered into on 23 March 2013. The applicants claim to have lawfully terminated the contract by way of a termination notice dated 30 April 2015. 2. I have made orders in favour of the applicants for the reasons set out below.