Dellagiacomo v Strauss and Dragh

[2015] NSWCATCD 144

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	Dellagiacomo v Strauss and Dragh [2015] NSWCATCD 144
Hearing dates:	3 September 2015
Decision date:	01 December 2015
Jurisdiction:	Consumer and Commercial Division
Before:	R C Titterton, General Member
Decision:	The second respondent is to pay the applicant the sum of $17,665.00 on or before 29 December 2015.
Catchwords:	CONTRACT – assessment of damages – no question of principle
Legislation Cited:	Civil and Administrative Tribunal Act 2013
Cases Cited:	Commonwealth v Amann Aviation Pty Ltd (1992) 166 CLR 351 Donnellan v Woodland [2012] NSWCA 433 Hadley v Baxendale (1854) 9 Ex 341 at 354; 156 ER 145 Hungerfords v Walker (1990) 171 CLR 125 Robinson v Harman (1848) 1 Ex 850 Rowland v Composition Construction Pty Ltd [2014] NSWCATCD 32
Texts Cited:	Carter and Harland, Contract Law in Australia, Third Ed.
Category:	Principal judgment
Parties:	Tess Dellagiacoma (applicant) John Igon Strauss and Pierre Dragh (respondents)
File Number(s):	HB 15/04205
Publication restriction:	Nil

REASONS for decision

1. By application dated 28 January 2015 the applicant Ms Tess Dellagiacoma sought orders against the first respondent Mr John Strauss and against the second respondent Mr Pierre Dragh.

2. For the reasons that follow, the Tribunal orders the second respondent to pay Ms Dellagaicomo the sum of $17,665.00. That amount is to be paid within 28 days of the publication of these reasons.

Background

3. The application concerns the building of two granny flats on properties owned by the applicant, one at Blacktown and the other at Lalor Park (respectively the Blacktown property and the Lalor Park property). The application was filed electronically on 28 January 2015. The applicant sought orders that the Blacktown property be completed, and that her deposit in respect of the Lalor Park property be returned. The total amount claimed was $169,119.00.

4. The proceedings had a number of directions hearings.

5. The first directions hearing was held on 24 March 2015. On that occasion the hearing was adjourned to a date to be fixed and the parties encouraged to obtain advice and to have further similar discussions

6. The second directions hearing was held on 4 May 2015. Prior to that hearing on 28 April 2015 the applicant sent an email to the Registry attaching a letter from her to the respondents also dated 28 April 2015. In that letter the applicant:

1. Refers to accepting an offer from the respondents to refund the deposit paid on the contract for the granny flat at the Blacktown property. She states that she accepted their offer in response dated 31 March 2015. She asked that the $35,000, with being a deposit paid by her, be paid into her account.

2. States that she also accepted an offer from the respondents in her letter of 31 March 2015 to complete the works on the Lalor Park property by 30 May 2015. She states that if she does not receive proof that the building is well underway by 20 May 2015, and has reason to believe that completion will not occur…