H Build Pty Ltd v Nixon [2018] NSWCATCD 20

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: H Build Pty Ltd v Nixon [2018] NSWCATCD 20 Hearing dates: 13 December 2017 Date of orders: 07 May 2018 Decision date: 07 May 2018 Jurisdiction: Consumer and Commercial Division Before: Ian Bailey AM SC Decision: (1) In HB 17/08049 the homeowner is to pay to the builder $199,639.36 immediately.

(2) HB 17/19441 is dismissed.

(3) Any Application concerning costs in proceedings HB 17/08049 and HB 17/19441 is to file in the Tribunal along with evidence in support of the Application and Submissions on or before 28 May 2018

(4) Any Response to the Application is to be filed in the Tribunal along with evidence in support and Submissions on or before 18 June 2018

(5) The Submissions are to address whether the Application should be determined on the papers. Catchwords: Home Building; Cost-Plus contract; variations, implied terms; repudiation; termination under the contract and at common law Legislation Cited: Home Building Act 1989 Cases Cited: Shevill v Builder's Licensing Board (1982) 149 CLR 620 Impact Funds management Pty Ltd v Roy Morgan Research Ltd [2016] VSC 221 Reveille Independent Llc v Anotech International (UK) Ltd [2016] EWCA Civ 443. Texts Cited: Dorter & Sharkey, Building and Construction Contracts in Australia, paragraph [12.30] Category: Principal judgment Parties: HBuild Pty Ltd - Applicant / Cross Respondent Megan Nixon – Respondent / Cross Applicant Representation: Counsel: B Le Plastrier for Applicant / Cross Respondent