Maloney v Blue Haven Pools South Pty Ltd [2019] NSWCATCD 17

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Maloney v Blue Haven Pools South Pty Ltd [2019] NSWCATCD 17 Hearing dates: 31 October 2018 Date of orders: 25 February 2019 Decision date: 25 February 2019 Jurisdiction: Consumer and Commercial Division Before: K Ross, Senior Member Decision: Pursuant to section 63 of the Civil and Administrative Tribunal Act 2013 the orders made on 25 February 2019 are amended on 20 March 2019 to:

1. Blue Haven Pools South Pty Ltd is to pay Christine Maloney the sum of $94, 494.23 on or before 22 March 2019.

2. Christine Maloney is to give to the respondent and the Tribunal submissions as to costs by 15 March 2019.

3. Blue Haven Pools South Pty Ltd is to give to the applicant and the Tribunal submissions in reply by 29 March 2019.

4. The submissions of each party should address whether the decision as to costs can be made on the papers or whether a further hearing is required Catchwords: HOME BUILDING Legislation Cited: Home Building Act 1989 Cases Cited: Australian Broadcasting Commission v. Australasian Performing Right Association Ltd (1973) 129 CLR 99 Baxall Securities Limited v Sheard Walsh Partnership [2002] EWCA: D.T R Nominees Pty. Ltd. v. Mona Homes Pty. Ltd (1978) 138 CLR 423 Koompahtoo Local Aboriginal Land Council v Sanpine Pty Limited [2007] HCA 61 Category: Principal judgment Parties: Christine Maloney (Applicant) Blue Haven Pools South Pty Ltd (Respondent) Representation: Counsel: B. Lloyd (Applicant) M. F. Newton (Respondent) File Number(s): HB 18/09862 Publication restriction: unrestricted