Hartley v McRae [2018] NSWCATCD 31

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hartley v McRae [2018] NSWCATCD 31 Hearing dates: 21 and 22 March 2018 Date of orders: 20 July 2018 Decision date: 20 July 2018 Jurisdiction: Consumer and Commercial Division Before: D. Goldstein. Senior Member Decision: (1) In HB 16/54314 the parties have 21 days from the date of these Reasons for Decision to file consent work orders in the Registry of the Tribunal that deal with the defective work items previously agreed and those found in the owners' favour in connection with defective work. The consent orders must contain a description of the defective work item with a concise scope of the rectification work required. The orders should have a date by which the rectification work must commence and a completion date.

(2) If the parties fail to file consent work orders in the Registry of the Tribunal, either party has liberty to seek the re-listing of the proceedings in order that the Tribunal may make the necessary work orders.

(3) In HB 16/54314 Greg McRae must pay Janette Hartley and Terry Hartley the sum of $11,345.99 immediately.

(4) In HB 17/37291 Janette Hartley and Terry Hartley must pay Greg McRae the sum of $13,841.32 immediately.

(5) The parties have leave to bring an application for costs.

(6) 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.

(7) 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.