Webster v Tom [2018] NSWCATCD 6

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Webster v Tom [2018] NSWCATCD 6 Hearing dates: 2 and 3 May and 29 and 30 November 2017 Date of orders: 08 March 2018 Decision date: 08 March 2018 Jurisdiction: Consumer and Commercial Division Before: D. Goldstein, Senior Member Decision: 1. Andrew Rolf Tom must pay Deidree Webster and Marc Webster the sum of $6,643.49 immediately.

2. The parties have leave to bring an application for costs.

3. Any costs application must be lodged in the Tribunal and served on the costs respondent within 14 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 it receives the application to lodge in the Tribunal and serve on the costs applicant its submissions, if any, in response to the cost applicant's costs application, such submissions either attaching or referring to the documents relied upon.

5. The cost applicant will have 14 days after the date it receives the cost respondent's submissions to lodge in the Tribunal and serve on the costs respondent its submissions, if any, in reply, such submissions either attaching or referring to the documents relied upon.

6. The parties must state in their submissions whether they consent to the costs application being determined on the basis of the parties written submissions and attached documents, if any, without the need for a hearing.

7. The Tribunal will determine any costs application on the basis of the papers lodged in the Tribunal should the parties so agree. Catchwords: Reasonably fit for occupation as a dwelling Legislation Cited: Fair Trading Act 1987 Home Building Act 1989 Home Building Regulation 2004 Cases Cited: Bruno Pisano -v- Georgia Dandris [2014] NSWSC 1070 Gray v Queensland Housing [2004] QSC 276 Huxley Homes Pty Ltd v Alexander Augustyn and Rebecca Augustyn; Alexander Augustyn and Rebecca Augustyn v Huxley Homes Pty Ltd [2015] NSWCATCD 17 Jennings v Taverner [1955] 1 W.L.R. 932; [1955] 2 All E.R. 769 Miller v Cannon Hill Estates [1931] 2KB 113 Nguyen v Cosmopolitan Homes [2008] NSWCA 246 The Owners Strata Plan 62930 v Kell & Rigby Holdings Pty Ltd [2010] NSWSC 612 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52; 219 CLR 165 Category: Principal judgment Parties: Applicant: Deidree Webster and Marc Webster Respondent: Andrew Rolf Tom Representation: Counsel: Mr T. Davie for the applicants Mr C. Simpson for the respondent