Porthaze Pty Limited v Friend [2016] NSWCATCD 31

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Porthaze Pty Limited v Friend [2016] NSWCATCD 31 Hearing dates: 17 December 2015 Decision date: 01 April 2016 Jurisdiction: Consumer and Commercial Division Before: D. Goldstein. Senior Member Decision: (1) In HB 15/32089 Simon and Katrina Friend must pay Porthaze Pty Limited the sum of $5,819.10 immediately.

(2) In HB 15/41204 Porthaze Pty Limited must pay Simon and Katrina Friend the sum of $9,304.00 immediately.

(3) In HB 15/41204 any costs application pursuant to section 60 of the Civil and Administrative Tribunal Act 2013 or rule 38 of the Civil and Administrative Tribunal Rules 2014 must be lodged in the Tribunal and served on the costs respondent within 21 days of the date of the orders in these proceedings either attaching or referring to the documents relied upon in support of the application.

(4) The costs respondent will have 21 days after the date of receipt of the costs application referred to above, to lodge in the Tribunal and serve on the costs applicant the submissions, if any, in response to the costs application, such submissions either attaching or referring to the documents relied upon.

(5) The cost applicant will have 14 days after the date of receipt of the cost respondent's submissions to lodge in the Tribunal and serve on the costs respondent the submissions, if any, in reply, such submissions either attaching or referring to the documents relied upon.

(6) The Tribunal will determine any costs application on the basis of the papers lodged in the Tribunal. Catchwords: Defects, Work order Legislation Cited: Civil and Administrative Tribunal Act 2013, Civil and Administrative Tribunal Rules 2014, Home Building Act 1989. Cases Cited: Bellgrove v Eldridge (1954) 90 CLR 613, Fink v Fink (1946) 74 CLR 127, Nguyen v Cosmopolitan Homes [2008] NSWCA 246, Tabcorp Holdings Pty Limited v Bowen Investments Pty Limited [2009] HCA 8. Category: Principal judgment Parties: Porthaze Pty Limited (applicant/cross respondent) Simon and Katrina Friend (respondents/cross applicants) Representation: Solicitors: Australian Business Lawyers for the applicant File Number(s): HB 15/32089 and HB 15/41204 Publication restriction: Unrestricted