Economos v P & T Athos Constructions Pty Ltd [2016] NSWCATCD 89

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Economos v P & T Athos Constructions Pty Ltd [2016] NSWCATCD 89 Hearing dates: 29 June 2016 Decision date: 15 November 2016 Jurisdiction: Consumer and Commercial Division Before: D Goldstein, Senior Member Decision: 1. P & T Athos constructions Pty Ltd must pay Angelo Economos and Maria Economos the sum of $30,201.18 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: Defective work Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Cases Cited: Bollock v Wellington (1996) 15 WAR 1 Briginshaw v Briginshaw (1938) 60 CLR 336 Codelfa Construction Pty Ltd v State Rail Authority of NSW 149 CLR 337 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305 Nguyen v Cosmopolitan Homes [2008] NSWCA 246 Steffen v Ruban [1996] 2 NSWLR 622 Thorn v. Mayor and Commonalty of London (1876) 1 App Cas 120 Category: Principal judgment Parties: Applicants: Angelo and Maria Economos Respondent: P & T Athos Constructions Pty Ltd Representation: Counsel: Mr I George for the applicants Mr T Flaherty for the respondent