Smyth and McDonald v Mason and Mason Investments Pty Ltd t/as House Logic Solutions

The applicants, Dulcie Smyth and Dianne and Robert McDonald, sought relief against the respondents, Mason & Mason Investments Pty Ltd t/as House Logic Solutions and Zachary Mason, for failure to construct a secondary dwelling as agreed. The company was in administration, and the applicants also sought to join Mr Mason in his personal capacity for misleading and deceptive conduct. The matter was heard in the Local Court of New South Wales. The court had to determine whether the applicants could proceed with their claim against Mr Mason personally, despite the company being in administration, and whether Mr Mason's conduct was misleading and deceptive. The court ruled that the applicants could proceed against Mr Mason in his personal capacity as the sole director of the company, and that his conduct was indeed misleading and deceptive. The court ordered Mr Mason to pay the applicants $39,587.35, comprising a full refund of the monies paid for the construction and liquidated damages for delay. The proceedings against the company were stayed due to its administration. The applicants were given 14 days to apply for costs, with Mr Mason having 28 days to respond. Any application for costs would be determined on the papers at least 28 days after the orders were made.