Kostos Pty Ltd v Vellios; Vellios v Kostos Pty Ltd [2019] NSWCATCD 13

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kostos Pty Ltd v Vellios; Vellios v Kostos Pty Ltd [2019] NSWCATCD 13 Hearing dates: 18, 19 December 2017 Date of orders: 08 May 2019 Decision date: 08 May 2019 Jurisdiction: Consumer and Commercial Division Before: F Corsaro SC, Senior Member Decision: In Application HB 17/21359, order:

1. The Respondents (the Owners, Dimitri Vellios and Vicki Vellios) are to immediately pay the Applicant (the Builder, Kostos Pty Ltd) the amount of $55,708.79 including GST.

In Application HB 17/38120, order:

1. The Respondent (the Builder, Kostos Pty Ltd) is to immediately to pay the Applicants (the Owners, Dimitri Vellios and Vicki Vellios) the amount of $17,052 including GST with the amount of Builder's liability to the Owners to be set off by the Owners against the Owners liability to the Builder by the Tribunal's order in HB 17/21359.

2. The Builder must carry out all of the item of work identified in the report of Mr Gerard Todarello of Precision Inspections dated 31 July 2017 (the Todarello Report) other than items 6.34, 6.35, 6.49, 6.61 and 6.69.

3. In Application HB 17/21359 and in Application HB 17/38120 any application for costs is to be determined as follows

(1) The Builder is to file and serve written submissions on the issue of costs within 14 days from the date of this decision. Such submissions are to include reference to whether or not the Builder agrees to costs being determined on the papers in accordance with s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW);