Beveridge v Style Tiles and Bathrooms Pty Ltd [2018] NSWCATAP 183

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Beveridge v Style Tiles and Bathrooms Pty Ltd [2018] NSWCATAP 183 Hearing dates: 12 July 2018 Date of orders: 27 July 2018 Decision date: 27 July 2018 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member J Currie, Senior Member Decision: (1) Leave to appeal is refused and the appeal is otherwise dismissed. Catchwords: CONTRACT LAW – formation of contract – "refundable" deposit – uncertainty.

HOME BUILDING ACT – Unenforceable contract – claim by homeowner – requirements of s 7AAA of Home Building Act, 1989 (NSW).

COSTS – special circumstances – original orders set aside due to non-appearance of respondent – subsequent rehearing – party partially successful. Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) Home Building Act, 1989 (NSW) Home Building Regulation, 2014 (NSW) Cases Cited: Australian Woollen Mills Pty Ltd v The Commonwealth 92 CLR 424; [1954] HCA 20 Collins v Urban [2014] NSWCATAP 17 Helmos Enterprises Pty Ltd v Jaylor Pty Ltd [2005] NSWCA 235 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Whitlock v Brew (1968) 118 CLR 445; [1968] HCA 71 Texts Cited: Nil Category: Principal judgment Parties: Geoffrey Beveridge (First Appellant) Karen Beveridge (Second Appellant) Style Tiles and Bathrooms Pty Ltd (Respondent) Representation: In person (Appellants) No appearance (Respondent) File Number(s): AP 18/15692 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 16 March 2018 Before: P French, General Member File Number(s): HB 17/52808