Gassman v Peck [2017] NSWCATCD 90

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gassman v Peck [2017] NSWCATCD 90 Hearing dates: 17 February 20179 June 2017 (final submissions received 17 July 2017) Decision date: 13 October 2017 Jurisdiction: Consumer and Commercial Division Before: T Simon, Senior Member Decision: The Tribunal makes the following orders:

1. The builder is to pay the homeowners the amount of $17,475.22 immediately.

2. In the event that either party intends to make submissions in relation to costs, the party making the costs application is to give to the other party and the Tribunal, either in person or by post, any documents and submissions they intend to rely on in relation to the costs application by 27 October 2017.

3. The parties are to provide to the other party and the Tribunal, either in person or by post, any documents and submissions in response to a costs application by 10 November 2017.

4. The issue of costs will be decided on the papers. In the event that the parties wish to be heard in person they must advise the Tribunal on or before 15 November 2017. If no further submissions are received the Tribunal will proceed to make a decision on the papers. Catchwords: Home Building – preferred outcome – s48MA – Breach of Statutory Warranty. Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 (NSW) Home Building Amendment Act 2014 Cases Cited: Brooks v Gannon Constructions Pty Limited [2017] NSWCATCD 12 Galdona v Peacock [2017] NSWCATAP 64 John Peter Maiolo v Frank Chiarelli and Anor [2016) NSWCATAP 81 3D Design & Build Pty Ltd v Lynch [2016] NSWCATAP 229 Category: Principal judgment Parties: Peter Gassman and Beth Roddy (applicants) Nathan Peck (respondent) Representation: Counsel D A Moujalli (for the applicants)