Kursun v Paul Garreffa t/as Paul’s Home Maintenance [2017] NSWCATCD 4

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kursun v Paul Garreffa t/as Paul's Home Maintenance [2017] NSWCATCD 4 Hearing dates: 9 November 2016 Decision date: 17 January 2017 Jurisdiction: Consumer and Commercial Division Before: D G Charles, Senior Member Decision: 1 The respondent, Paul Garreffa, is to pay the applicant, Vincenza Kursun the sum of $10,781.38 within 28 days of the date of these orders.

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

3 Any costs application must be lodged in the Tribunal and served on the costs respondent within 28 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 14 days after the date a party receives any costs' application to lodge in the Tribunal and serve on the costs applicant that party's submissions, if any, in response to the costs' applicant's costs' application, such submissions either attaching or referring to the documents relied upon.

5 The costs' applicant will have 14 days after the date that party receives the costs' respondent's submissions to lodge in the Tribunal and serve on the costs' respondent that party's 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. If either party seeks to be heard in person, their submissions should set out the reasons why and the registry will advise in due course. Catchwords: RESIDENTIAL BUILDING WORK – identity of contracting parties – defective work – competing expert opinions – quantum of loss. Legislation Cited: Home Building Act 1989 NSW Home Building Regulation 2014 NSW Civil and Administrative Tribunal Act 2013 NSW Competition and Consumer Act 2010 Australian Consumer Law NSW Fair Trading Act 1987 NSW Cases Cited: Ryledar Pty Ltd v Euphoric Pty Ltd (2007) 69 NSWLR 603; [2007] NSWCA 65 Toll (FGCT) v Alphapharm Pty Ltd [2004] HCA 52; (2004) 219 CLR 165 Suncorp Metway Insurance Ltd v Owners Corporation SP 64487 [2009] NSWCA 223 International Air Transport Association v Ansett Australia Holdings Ltd. (2008) 82 ALJR 419 [2008] HCA 3 Codelfa Construction Pty. Ltd. v State Rail Authority of NSW (1982) 149 CLR 337 Maggbury Pty Ltd v Hafele Australia Pty. Ltd. (2001) 210 CLR 181 Pethybridge v Stedikas Holdings Pty Ltd (2007) Aust Contract R 90-263, [2007] NSWCA 154 Tomko v Palasty [2007] NSWCA 258 Moloney v Collins [2011] NSWSC 628 Akkari v Sartor [2015] NSWCATAP 79 Bellgrove v Eldridge [1954] HCA 36; (1954) 90 CLR 613 Tabcorp Holdings v Bowen Investments Pty Ltd [2009] HCA 8; (2009) 236 CLR 272. Category: Principal judgment Parties: Vincenza Kursun (applicant) Paul Garreffa (respondent) Representation: Counsel: Timothy Bland (applicant) Nicholas Allan (respondent) Solicitors: O'Brien Lawyers (applicant) Drayton Sher Lawyers (respondent) File Number(s): HB 15/35331 Publication restriction: Unrestricted