Smyth & McDonald v Mason & Mason Investments Pty Ltd t/as House Logic Solutions [2016] NSWCATCD 68

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Smyth & McDonald v Mason & Mason Investments Pty Ltd t/as House Logic Solutions [2016] NSWCATCD 68 Hearing dates: 3 March 2016; 18 May 2016 Decision date: 03 June 2016 Jurisdiction: Consumer and Commercial Division Before: P French, General Member Decision: (1) Zachary Mason, c/- Mason & Mason Investments Pty Ltd t/as House Logic Solutions of 127 Alfred Street Parramatta NSW 2150 is joined as a Respondent to this Application.

(2) Pursuant to section 440 of the Corporations Law 2001 these proceedings as against the First Respondent, Mason & Mason Investments Pty Ltd t/as House Logic Solutions are stayed on the basis that the First Respondent is in administration.

(3) Pursuant to section 48O of the Home Building Act 1989, the Second Respondent, Zachary Mason, c/- 127 Alfred Street Parramatta NSW 2150 is to pay the Applicants, Dulcie Smyth, Dianne McDonald and Robert McDonald of 27 Cadonia Road, Tuggerawong NSW 2259 the sum of $39,587.35 immediately, constituted by

(a) general damages in the amount of $38,887.35 being of a full refund of the monies paid by the Applicants to the First Respondent to construct a secondary dwelling which the First Respondent failed to construct: and

(b) liquidated damages for the delay in the construction of the secondary dwelling at the rate of $250.00 per week from 11 May 2015 to 26 May 2016 (being 2 weeks) in the amount of $500.00.

(4) The Applicants are to make any application for costs within 14 days of the date of these Orders.

(5) The Second Respondent is to make any response to any application for costs within 28 days of these Orders.