Wong v Yousif Enterprises (Aust) Pty Ltd t/as World of Tiles [2016] NSWCATAP 231

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wong v Yousif Enterprises (Aust) Pty Ltd t/as World of Tiles [2016] NSWCATAP 231 Hearing dates: 14 July 2016 Date of orders: 19 October 2016 Decision date: 19 October 2016 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Titterton, Senior Member Decision: (1) By consent, the time for the filing of the Notice of Appeal in respect of the decision of the Tribunal of 8 March 2016 is extended to 10 May 2016. (2) Leave be granted to the appellant in respect of the failure of the Tribunal to award compensation in relation to the inadequate grouting on the staircase. (3) Order 1 made 20 April 2016 is varied to read as follows: "1. Yousif Enterprises (Aust) Pty Ltd t/as World of Tiles is to pay Trudy Wong the sum of $3,010.00 immediately." (4) The appeal is otherwise dismissed. (5) No order as to the costs of the appeal. Catchwords: Compensation- rectification cost for defective work Costs special circumstances, Legislation Cited: Civil and Administrative Tribunal Act, 2013 Civil and Administrative Tribunal Rules, 2014 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Khan v Kang [2014] NSWCATAP 48 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: Carter and Harland, Contract Law in Australia, Third Edition Category: Principal judgment Parties: Trudy Wong (Appellant) Yousif Enterprises (Aust) Pty Ltd t/as World of Tiles (Respondent) Representation: Trudy Wong (Appellant in person) Mr Layoun (Respondent) File Number(s): AP 16/22382 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Appeal Tribunal Jurisdiction: Consumer and Commercial Division Before: Mr J Harris SC, Senior Member File Number(s): HB 15/65270