Mac v Antworks Pty Ltd [2016] NSWCATCD 75

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mac v Antworks Pty Ltd [2016] NSWCATCD 75 Hearing dates: 7 April, 8 April 2015 and 31 August 2015 Decision date: 28 September 2016 Jurisdiction: Consumer and Commercial Division Before: D Goldstein, Senior Member Decision: 1. Antworks Pty Ltd must pay Colin Mac and Nina Mac the sum of $108,774.64 immediately.

2. Antworks Pty Ltd must immediately deliver to Colin Mac and Nina Mac certificates in its possession relating to Termite works, Timber Framing and Glazing Works relating to the work carried out under the contract the subject of these proceedings.

3. The parties are at liberty to make a costs application in these proceedings.

4. Any costs application pursuant to section 53 of the Consumer, Trader and Tenancy Tribunal Act 2001 must be lodged in the Tribunal and served on the costs respondent within 21 days of the date of this order either attaching or referring to the documents relied upon in support of the application.

5. The costs respondent will have 21 days after the date it receives the application referred to lodge in the Tribunal and serve on the costs applicant its submissions, if any, in response to the cost applicant's costs application, such submissions either attaching or referring to the documents relied upon.

6. The cost applicant will have 14 days after the date it receives the cost respondent's submissions to lodge in the Tribunal and serve on the costs respondent its submissions, if any, in reply, such submissions either attaching or referring to the documents relied upon.

7. The Tribunal will determine any costs application on the basis of the papers lodged in the Tribunal. Catchwords: Extensions of time, termination of building contract, defective and incomplete work, liquidated damages Legislation Cited: Civil and Administrative Tribunal Act 2013 Consumer, Trader and Tenancy Tribunal Act 2001 Consumer, Trader and Tenancy Tribunal Regulation 2009 Home Building Act 1989 Cases Cited: David Securities Pty Ltd v Commonwealth Bank of Australia (1992) 175 CLR 353 Fairey Australasia Pty Ltd v Joyce and Anor [1981] 2 NSWLR, 314 at 321 Hometeam Constructions Pty Ltd v McCauley [2005] NSWCA 303 Hungerfords v Walker 171 C.L.R., 125 Robinson v Harman (1848) 1 Ex.850 Shepherd v Felt and Textiles of Australia Ltd (1931) 45 CLR 359 SRA v Consumer Claims Tribunal 14 NSWLR at 473 Tramways Advertising Pty Ltd v Luna Park (1938) 38 SR (NSW) 632 Texts Cited: Building and Construction Contracts in Australia, Second Edition Category: Principal judgment Parties: Applicants: Colin Mac and Nina Mac Respondent: Antworks Pty Ltd Representation: Counsel: Mr D. Neggo for the applicants Mr I. George for the respondent