Pearce v Jamatt Constructions Pty Ltd [2018] NSWCATCD 44

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pearce v Jamatt Constructions Pty Ltd [2018] NSWCATCD 44 Hearing dates: 9 and 10 May 2018, close of submissions 28 June 2018 Date of orders: 16 August 2018 Decision date: 16 August 2018 Jurisdiction: Consumer and Commercial Division Before: S Thode, Senior Member Decision: (1) The respondent shall pay $9816.14 to the applicants immediately.

(2) The respondent shall pay the applicants' costs of and incidental to the application on the ordinary basis as agreed or assessed. Catchwords: CONTRACTS — Formation — Agreement — Battle of the forms – Construction Contracts Legislation Cited: Civil and Administrative Tribunal Act 2013; Home Building Act 1989 Cases Cited: Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221; Sopov v Kane [2009] VSCA 141; Thompson v Chapman [2015] NSWCATAP 233; Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 [2004] HCA 52; Mac v Antworks Pty Ltd [2016] NSWCATCD 75; Codelfa Construction Pty Ltd v State Rail Authority of New South Wales ; Simic v New South Wales Land and Housing Corporation [2015] NSWCA 413; Green Apple Pty Ltd v La Brasserie Investments Pty Ltd [2018] NSWCATAP 90 Category: Principal judgment Parties: Gary Alan Pearce, first applicant; Lidia Palmina Pearce, second applicant (the homeowners);

Jamatt Constructions Pty Ltd (respondent builder) Representation: Mr McCall, counsel, instructed by Mr C. Braid of Walters Solicitors for the applicants; Mr Simpson, counsel, instructed by Messrs Somerville Laundry Lomax Solicitors for the respondent. File Number(s): HB 17/30079 Publication restriction: Nil