Shaun Reynolds Builder Pty Ltd v Rawlings

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	Shaun Reynolds Builder Pty Ltd v Rawlings [2017] NSWCATCD 74
Hearing dates:	21 July 2017
Date of orders:	07 September 2017
Decision date:	07 September 2017
Jurisdiction:	Consumer and Commercial Division
Before:	G.J. Sarginson Senior Member Civil and Administrative Tribunal of New South Wales
Decision:	1. The respondent, Kim Rawlings, is to pay the applicant, Shaun Reynolds Builder Pty Ltd, the sum of $1,270.50 immediately.
Catchwords:	Home Building-Repudiation of contract-Enforceability of written contract-Quantum meruit
Legislation Cited:	Home Building Act 1989 ss 10, 11, 48A, 48K Home Building Regulations 2014 Reg 5 Civil and Administrative Tribunal Act 2013 s 38
Cases Cited:	Burns v Corbett [2017] NSWCA 3 Shevill v Builders Licencing Board [1982] HCA 47; (1982) 149 CLR 620 Eddy Lau Constructions Pty Ltd v Transdevelopment Enterprises Pty Ltd [2004] NSWSC 273 Pender v Robwenphi Pty Ltd and Anor [2008] NSWSC 1144 Urban Constructions (NSW) Pty Ltd v Shearer [2015] NSWCATCD 9 Zammit t/as Zammit Quality Constructions v Markunsky [2015] NSWCATCD 21 Kelly v Smith [2016] NSWCATCD 92
Category:	Principal judgment
Parties:	Shaun Reynolds Builder Pty Ltd (applicant) Kim Rawlings (respondent)
Representation:	Applicant: Mr Shane Reynolds, director Respondent: Mr N. Osgood (friend) and Respondent in person
File Number(s):	HB 17/00629
Publication restriction:	Nil

REASONS FOR DECISION

1. The matter was listed for hearing at the Tribunal in Wollongong on 21 July 2017. Mr Reynolds, the director of the applicant, appeared by telephone and gave evidence. Mr Osgood, a friend of the respondent, appeared as her representative by telephone. During the course of the hearing, the respondent also appeared by telephone and gave evidence.

2. The parties were granted leave to appear by telephone because of the distance of their residence from the place of hearing. The applicant is a company located in Albury NSW. The respondent resides in Victoria. The dispute involves a claim by the applicant (‘the builder’) for unpaid work on a property located in Lavington NSW.

3. As the applicant is a company, the principles set out by the NSW Court of Appeal in Burns v Corbett [2017] NSWCA 3 regarding the inability of the Tribunal to hear disputes involving persons who are residents of different States at the time proceedings are commenced is not applicable to this matter.

4. Mr Osgood appeared as representative of the respondent as he stated the respondent has a mental health condition that affected her ability to appear. No medical evidence was provided in that regard. The director of the applicant did not oppose Mr Osgood appearing as the respondent’s representative, and leave was granted for him to do so. Mr Osgood is a friend of the respondent. During the course of the hearing, the respondent also participated and gave evidence. The manner in which the respondent participated in the hearing did not raise any issues that she was unable to reasonably participate in the hearing in accordance with Section 38(5) of the Civil and Administrative Tribunal Act 2013. Neither party applied for an…