Staunton v Lotus Construction Pty Ltd [2016] NSWCATCD 64

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Staunton v Lotus Construction Pty Ltd [2016] NSWCATCD 64 Hearing dates: 10 December 2015, 27 January 2015 and 14 April 2015 (close of submissions – 27 May 2016) Decision date: 12 July 2016 Jurisdiction: Consumer and Commercial Division Before: K Rosser, Senior Member Decision: (1) A further hearing is dispensed with pursuant to s 50(1)(c) of the Civil and Administrative Tribunal Act 2013

(2) The respondent is to pay the applicants the sum of $20,930.80 immediately.

(3) Order 2 is stayed until the applicants make restitution to the respondent of the sum of $20,930.80 paid to them by the respondent in compliance with the money order made by the Tribunal on 2 April 2014, which order was set aside by the Appeal Panel on 29 July 2015. Catchwords: Home Building – remitted proceedings – crystallisation of loss - effect of sale of premises on entitlement to damages – quantum of loss – stay of money order pending restitution Legislation Cited: Home Building Act 1989 Consumer Trader and Tenancy Tribunal Act 2001 Civil and Administrative Tribunal Act 2013 Cases Cited: Bellgrove v Eldridge 90 CLR 613 Ruxley Electronics & Construction v Forsyth [1995] 3 WLR 118 Westpoint Management Ltd v Chocolate Factory Apartments Ltd; Chocolate Factory Apartments v Westpoint Finance & Ors [2007] NSWCA 253 Director of War Service Homes v Harris [1968] Qd R 275 (FC) Central Coast Leagues Club Limited v Gosford City Council & Ors BC9802257 Howe v Teefy [1927] NSWStRp 41; (1927) 27 SR (NSW) 301 (1 July 1927) Landy v Benteigh Homes Illawarra [2011] NSWCTTT Production Spray Painting and Panel Beating Pty Limited & Os v Newnham & Ors [No 2] (1991) 27 NSWLR 659 TCN Channel Nine Pty Limited v Antoniadis [No 2] (1998) 44 NSWLR 682 Hume v Walton (No 2) [2005] NSWCA 458 Category: Principal judgment Parties: Mark and Bernadette Staunton (Applicants) Lotus Construction Pty Ltd (Respondents) Representation: Counsel: Ms Sinclair for Applicants Mr Snelgrove for Respondent Solicitors: George Khoury & Co for Applicants Snelgroves Solicitors for Respondent File Number(s): HB 13/56853 Publication restriction: Nil