Kratz v East Coast Formwork & Concrete Pty Ltd [2016] NSWCATCD 94

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kratz v East Coast Formwork & Concrete Pty Ltd [2016] NSWCATCD 94 Hearing dates: 8 March and 30 June 2016 Decision date: 23 November 2016 Jurisdiction: Consumer and Commercial Division Before: D Goldstein. Senior Member Decision: 1. Christine Kratz's claim against East Coast Formwork & Concrete Pty Ltd and Mark Papadopoulos and Megan Louise Papadopoulos is dismissed.

2. Mark Kratz's claim against East Coast Formwork & Concrete Pty Ltd and Mark Papadopoulos and Megan Louise Papadopoulos is dismissed.

3. East Coast Formwork & Concrete Pty Ltd must pay Fred Kratz the sum of $49,068.14 immediately.

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

5. 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.

6. 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.

7. 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.