Onethree Pty Ltd v Seaman [2018] NSWCATCD 83

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Onethree Pty Ltd v Seaman [2018] NSWCATCD 83 Hearing dates: 18 July 2018 Date of orders: 19 December 2018 Decision date: 19 December 2018 Jurisdiction: Consumer and Commercial Division Before: D Goldstein, Senior Member Decision: 1. Dayne Seaman and Danielle Corrigan must pay Onethree Pty Ltd the sum of $44,941.85 immediately.

2. 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.

3. 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.

4. The cost applicant will have 14 days after the date it receives the cost respondent's submissions to lodge in the Tribunal and serve on the costs respondent its submissions, if any, in reply, such submissions either attaching or referring to the documents relied upon.

5. The parties must state in their submissions whether they consent to the costs application being determined on the basis of the parties written submissions and attached documents, if any, without the need for a hearing.

6. Subject to considering the parties submissions regarding a hearing on costs, the Tribunal will determine any costs application on the basis of the papers lodged in the Tribunal. Catchwords: BUILDING AND CONSTRUCTION - Liquidated damages – Right to claim common law damages Legislation Cited: Civil Liability Act 2002 Home Building Act 1989 Cases Cited: Amann Aviation Pty Limited v Commonwealth of Australia [1990] FCA 55; 22 FCR 527 Australian Broadcasting Commission v Australasian Performing Right Association Ltd [1973] HCA 36; (1973) 129 CLR 99 Bailey v Champion Homes Sales Pty Ltd [2017] NSWCATCD 91 JJ Armstrong v Hope St Student Accommodation Pty Ltd [2017] VCC 1247 Moore v Scenic Tours Pty Limited (No.2) [2017] NSWSC 733 NSW v Ibbett [2005] NSWCA 445 Scenic Tours Pty Ltd v Moore [2018] NSWCA 238 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52; 219 CLR 165 Tralee Technologies Holdings Pty Ltd v Yun Chen [2015] NSWSC 1259 Turner Corporation Limited (Receiver and Manager appointed) v Austotel Pty Limited 13 BCL, 378 Category: Principal judgment Parties: In HB 17/51783: Onethree Pty Ltd (Applicant/Builder) Dayne Seaman and Danielle Corrigan (Respondents/Owners)