Kay v 3D Design and Build Pty Ltd

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Kay v 3D Design & Build Pty Ltd [2016] NSWCATCD 81

Hearing dates:

15 June 2016

Decision date:

29 September 2016

Jurisdiction:

Consumer and Commercial Division

Before:

D. Goldstein, Senior Member

Decision:

1. 3D Design & Build Pty Ltd must pay Amber Kay the sum of $29,609.40 immediately.

 

2. The following orders will apply in the event that either party wishes to make an application for costs.

 

3. Any costs application pursuant to section 60 of the Civil and Administrative Tribunal Act 2013 or rule 38 of the Civil and Administrative Tribunal Rules 2014 must be lodged in the Tribunal and served on the costs respondent within 21 days of the date of the orders in these proceedings either attaching or referring to the documents relied upon in support of the application.

 

4. The costs respondent will have 21 days after the date of receipt of the costs application referred to above, to lodge in the Tribunal and serve on the costs applicant the submissions, if any, in response to the costs application, such submissions either attaching or referring to the documents relied upon.

 

5. The cost applicant will have 14 days after the date of receipt of the cost respondent’s submissions to lodge in the Tribunal and serve on the costs respondent the submissions, if any, in reply, such submissions either attaching or referring to the documents relied upon.

 6. The Tribunal will determine any costs application on the basis of the papers lodged in the Tribunal.

Catchwords:

Renewal of proceedings

Legislation Cited:

Civil and Administrative Tribunal Act 2013
Home Building Act 1989

Cases Cited:

Baak v Concrete Services Group Pty Ltd [2016] NSWCATAP 42
Kay v 3D Design & Build Pty Ltd [2016] NSWCATAP 68
Nguyen v Cosmopolitan Homes [2008] NSWCA 246

Category:

Principal judgment

Parties:

Applicant: Amber Kay
Respondent: 3D Design & Build Pty Ltd

Representation:

The parties were unrepresented

File Number(s):

HB 16/20040

Publication restriction:

Unrestricted

Reasons for Decision

1. The whole of Tribunal Proceedings HB 14/32008 were the subject of Appeal Proceedings AP 15/42268, Kay v 3D Design & Build Pty Ltd [2016] NSWCATAP 68 dated 17 March 2016 and were remitted to the Consumer and Commercial Division to be heard by me as a differently constituted Tribunal, in conjunction with any renewal application filed by the appellant.

2. The remitted proceedings are HB 16/13834. On 15 June 2016 consent orders were made in the remitted proceedings.

3. At paragraphs 76 – 78 in Kay v 3D Design & Build Pty Ltd the Appeal Panel stated:

‘While the appellant appealed against the order made in the respondent’s proceedings that required her to pay money to the respondent, she did not appeal the work order made on 30 January 2015 in her proceedings. Given that that order was made by consent, it would have been surprising had she done so. However, the appellant’s position is that the respondent has not complied with the work order and that she should…