Australia, May 27 -- New South Wales Land and Environment Court issued text of the following judgement on April 28:

1. The dispute between the parties to this appeal arises out of an agreement by which Cadi Development Pty Ltd (the Appellant) agreed to provide services under a written contract to the Respondent (Ting Li). The services concerned the provision of plans and other documentation for the design of a development at a property owned by the Respondent .

2. The parties fell into dispute and both filed applications in the Consumer and Commercial Division of the Tribunal. On 9 April 2024 the Tribunal conducted a hearing and made an order that the Appellant pay to the Respondent the sum of $5,000 being a partial refund of money paid as a deposit (totalling $10,050) previously paid by the Respondent to the Appellant. The Appellant appeals that order and seeks an order setting aside the order to pay a refund and, in addition, an order that the Respondent pay to the Appellant a further sum of the same amount ($10,050).

3. The Respondent lodged a Cross Appeal in which the Respondent seeks orders having the effect that she receive the return of her deposit and a further sum as damages for breach of the contract.

4. The procedural background can be summarised as follows:

a. On 18 October 2023 the Respondent lodged a "Home Building Application" in the Tribunal by which the Respondent sought an order for the refund of $10,050 previously paid by her to the Appellant as a deposit pursuant to the agreement for the provision of services by the Appellant. The Respondent's application alleges that the Appellant refused to continue with the provision of the services under the contract and that the Respondent did not want the Appellant to continue providing the agreed services. Rather, the Respondent wanted return of the deposit.

b. On 2 November 2023, the Appellant lodged an application with the Tribunal for an order that the Respondent pay to the Appellant a further sum of $10,050. The application stated that the Appellant opposed the Respondent's application seeking a refund of the payment of the first sum of $10,050 (ie. the deposit). The application stated that the Appellant informed the Respondent that the Appellant required the Respondent to communicate with the Appellant by email only. This requirement was introduced because of the alleged conduct of the Respondent that the Appellant described as abusive and disrespectful.

c. On 9 April 2024 the Tribunal heard both applications and made the order referred to above, requiring the Appellant to pay to the Respondent the sum of $5,000 which the Tribunal described as a "partial refund". The Tribunal also dismissed the Appellant's application referred to above in which the Appellant had sought an order for the payment of a further sum. The record published by the Tribunal indicated that reasons were given by the Tribunal orally. There are no written reasons.

d. On or about 2 May 2024 the Appellant lodged its Notice of Appeal.

e. The Notice of Appeal of the Cross Appellant was lodged on 29 July 2024.In that Notice the Cross Appellant stated that she had the leave of Tribunal to lodge the appeal out of time.

f. The Appeal Panel made an order staying the operation of the order made on 9 April 2024 requiring the Appellant to pay to the Respondent $5,000.

g. Thereafter, the parties lodged submissions in support of and in opposition to their respective appeals.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19665cd41693329933ff1e6a)

Disclaimer: Curated by HT Syndication.