Cuaresma v Delta Constructions Australia Pty Ltd and Nasr [2017] NSWCATCD 67

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cuaresma v Delta Constructions Australia Pty Ltd and Nasr [2017] NSWCATCD 67 Hearing dates: 1 June 2017 Decision date: 23 August 2017 Jurisdiction: Consumer and Commercial Division Before: Jeffery Smith, Senior Member Decision: 1. The first respondent, Delta Constructions Australia Pty Ltd, shall pay the applicant, Cecilia Cuaresma, the sum of $212,286.00 on or before 31 August 2017.

2. If the parties are unable to agree on the issue of costs any party seeking a costs order is granted leave to file and serve a short written submission on that issue only within 21 days of the date of these orders.

3. Leave is granted to the other party to file and serve a short written submission in reply within a further 21 days.

4. Each submission should address the issue of whether the Tribunal should dispense with a hearing on costs pursuant to the provisions of the Civil and Administrative Tribunal Act 2013 s 50(2).

5. The application is otherwise dismissed. Catchwords: Residential building work, defective work, whether first and/or second respondent liable for defects, agency of apparent or ostensible authority Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Corporations Act 2001 (Clth) Cases Cited: Gonzales v Claridades [2003]58NSWLR 188, The Prothonotary of the Supreme Court of New South Wales v Sukkar [2007]NSWCA 341, Jones v Dunkel [1959]101 CLR 298, Texts Cited: Cheshire and Fifoot "Law of Contract" by Starke and Higgins (Second Australian Edition) Part 6, p 620 et seq. Category: Principal judgment Parties: Cecilia Cuaresma as applicant (homeowner) Delta Constructions Australia Pty Ltd (first respondent) Fred Nasr (second respondent) Representation: Mr Woods of counsel, instructed by Mr Blaker solicitor, for the applicant Mr Nicopoulos, solicitor for the first respondent