Rathchime Pty Ltd v Willat; Willat v Rathchime [2016] NSWCATCD 74

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rathchime Pty Ltd v Willat; Willat v Rathchime [2016] NSWCATCD 74 Hearing dates: 18 November and 19 November 2016(Final submissions received 17 February 2016) Decision date: 09 September 2016 Jurisdiction: Consumer and Commercial Division Before: T Simon, Senior Member Decision: 1. The homeowners are to pay the builder the amount of $26,688.53 immediately.

2. The parties are to provide to the Tribunal and each other, either in person or by post, submissions and documents in relation to costs by 15 September 2016.

3. The parties are to provide to the Tribunal and each other, either in person or by post, submissions and documents in reply on costs by 30 September 2016.

4. Costs will be determined on the papers. If either party seeks to be heard in person, they should advise the Registry prior to 30 September 2016, setting out the reasons why and the Registry will advise in due course. Catchwords: Home Building, abandonment, repudiation, abandonment, variations, defects. Legislation Cited: Home Building Act 1989 (NSW) Cases Cited: Brewarrina Shire Council v Beckhaus Civil Pty Ltd & 1 Or [2005] NSWCA 248. Pavey & Matthews Pty Ltd v Paul [1987] HCA 5). Ryder and Anor v Frohlich and Anor [2004] NSWCA 472 Zeman v Bollard [2015] NSWCATCD 13 Category: Principal judgment Parties: Parties in HB 14/43750 (homeowners application) Rathchime Pty Ltd (first applicant) Grant Willatt (respondent)