Add-Vantage Systems Pty Ltd v Ameks Developments Pty Ltd [2019] NSWCATCD 57

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Add-Vantage Systems Pty Ltd v Ameks Developments Pty Ltd [2019] NSWCATCD 57 Hearing dates: 18 October 2018, 14 December 2018, 17 December 2018 and 1 March 2019 Date of orders: 09 July 2019 Decision date: 09 July 2019 Jurisdiction: Consumer and Commercial Division Before: D. Goldstein Senior Member Decision: 1. In HB17/45163 Ameks Developments Pty Ltd must pay Add-Vantage Systems Pty Ltd the sum of $25,844.00 immediately. 2. In HB 18/15665 the parties must agree the terms of an appropriate work order, having regard to the Reasons for Decision by preparing a list of all items of work with necessary work method statements where required and with appropriate provision for inspection and certification of all work carried out by an appropriately qualified person, which may include Dr Jacobs. The work order must specify the date by which the work must be completed. 3. If the parties agree the terms of a work order they may, not later than 35 days after the date of these orders, file the work order in the Registry of the Tribunal for entry without the need to appear in the Tribunal. 4. If the parties are unable to reach agreement on the terms of the work order as referred to in orders 2 and 3, they must each not later than 45 days after the date of these orders file in the Registry of the Tribunal, with a copy to the other party: a) the work order which they seek; b) short written submissions in support of the work order including a statement whether or not they consent to the form of the work order being determined on the basis of the parties written submissions and attached documents without the need for a hearing; and c) any necessary supporting evidence. 5. In the event that either party wishes to bring a costs application, the 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. 6. 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. 7. 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. 8. The parties must state in their submissions whether or not 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. 9. Subject to the parties' submissions, the Tribunal will determine any costs application on the basis of the papers lodged in the Tribunal. Catchwords: HOME BUILDING – Implied warranties – warranty that work will be reasonably fit for specified purpose or result Legislation Cited: Home Building Act 1989 Building and Construction Industry Security of Payment Act 1999 Cases Cited: BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266 Feast Contractors v Ray Vincent Limited [1974] 1 NZLR 212 Kostos Pty Ltd v Vellios; Vellios v Kostos Pty Ltd [2019] NSWCATCD 13 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705 Pownall v Conlon Management Pty Ltd (1995) 12 WAR 370 The Owners Strata Plan 62930 v Kell & Rigby Holdings Pty Ltd [2010] NSWSC 612 Category: Principal judgment Parties: Add-Vantage Systems Pty Ltd (Applicant) Ameks Developments Pty Ltd (Respondent) Representation: Counsel: Mr Fernon (for Ameks Developments) Solicitors: Knight Lawyers (for Ameks Developments) File Number(s): HB 17/45163 & HB 18/15665 Publication restriction: Nil