Channell v Graham [2016] NSWCATCD 80

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Channell v Graham [2016] NSWCATCD 80 Hearing dates: 28 October 2015, 15 and 16 February 2016 Decision date: 29 September 2016 Jurisdiction: Consumer and Commercial Division Before: D. Goldstein, Senior Member Decision: 1. The application is dismissed.

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

3. 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.

4. 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.

5. 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.

6. The Tribunal will determine any costs application on the basis of the papers lodged in the Tribunal Catchwords: What constitutes a 'building claim', Contract formation 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: Dennis Pethybridge v Stedikas Holdings Pty Ltd [2007] NSWCA 154 Brendan Jay McAllery and Tracy Catherine McAllery v Alta Building & Developments Pty Ltd [2014] NSWCATCD 106 Hyder Consulting (Australia) Pty Ltd v Wilh Wilhelmsen Agency Pty Ltd and Anor [2001] NSWCA 313 Texts Cited: Building and Construction Contracts in Australia, Dorter and Sharkey, Second Edition Category: Principal judgment Parties: Applicant: Irene Channell Respondent: Roberta Graham Representation: Counsel: Mr N. Siafakas for the applicant Mr L. Gor for the respondent Solicitors: J.S. Mueller & Co for the respondent File Number(s): HB 12/53320 Publication restriction: Unrestricted