Kay v 3D Design & Build Pty Ltd [2016] NSWCATCD 81

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kay v 3D Design & Build Pty Ltd [2016] NSWCATCD 81 Hearing dates: 15 June 2016 Decision date: 29 September 2016 Jurisdiction: Consumer and Commercial Division Before: D. Goldstein, Senior Member Decision: 1. 3D Design & Build Pty Ltd must pay Amber Kay the sum of $29,609.40 immediately.

2. The following orders will apply in the event that either party wishes to make an application for costs.

3. Any costs application pursuant to section 60 of the Civil and Administrative Tribunal Act 2013 or rule 38 of the Civil and Administrative Tribunal Rules 2014 must be lodged in the Tribunal and served on the costs respondent within 21 days of the date of the orders in these proceedings 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 of receipt of the costs application referred to above, to lodge in the Tribunal and serve on the costs applicant the submissions, if any, in response to the costs application, such submissions either attaching or referring to the documents relied upon.

5. The cost applicant will have 14 days after the date of receipt of the cost respondent's submissions to lodge in the Tribunal and serve on the costs respondent the 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: Renewal of proceedings Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: Baak v Concrete Services Group Pty Ltd [2016] NSWCATAP 42 Kay v 3D Design & Build Pty Ltd [2016] NSWCATAP 68 Nguyen v Cosmopolitan Homes [2008] NSWCA 246 Category: Principal judgment Parties: Applicant: Amber Kay Respondent: 3D Design & Build Pty Ltd Representation: The parties were unrepresented File Number(s): HB 16/20040 Publication restriction: Unrestricted