Booth v Langlands Building Group; Langlands Building Group v Booth [2018] NSWCATCD 73

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Booth v Langlands Building Group; Langlands Building Group v Booth [2018] NSWCATCD 73 Hearing dates: 8 October 2018 Date of orders: 28 November 2018 Decision date: 28 November 2018 Jurisdiction: Consumer and Commercial Division Before: J Smith, Senior Member Decision: 1. The builder, Langlands Building Group Pty Ltd, shall pay the painter, Troy Booth and Megan Booth, jointly and both trading as "TB Painting and Decorating", the sum of $28,588.89 immediately.

2. The applications are otherwise dismissed.

3. If any party seeks a costs order leave is granted to file and serve a short written submission on that issue only within 7 days of the date of these orders.

4. Leave is granted for the other party to file and serve a short written submission in reply within a further period of 7 days.

5. In any such submission the parties shall indicate whether they are content for the issue of costs to be determined "on the papers" or whether they request a hearing on the issue. Legislation Cited: Civil and Administrative Tribunal Act 2013 Fair Trading Act 1987 Home Building Act 1989 Cases Cited: Jones v Dunkel [1959]101 CLR 298 Manly Council v Byrne and Anor [2004] NSWCA 123 Pavey and Matthews Pty Ltd v Paull [1987] 162 CLR 221 Renard Constructions (ME) Pty Ltd v Minister for Public Works [1992] 26 NSWLR 234 Category: Principal judgment Parties: Langlands Building Group Pty Ltd ("the builder") Troy Booth and Megan Booth T/as TB Painting and Decorating ("the painter") Representation: Counsel: Mr Martin (the builder)