Australia, July 3 -- New South Wales Land and Environment Court issued text of the following judgement on June 3:

1. This is an appeal by Rodney Young and Mary Young ("the Appellants") against a decision of the Tribunal made on 31 October 2024 concerning a dispute with Rita Di Cesare Trading/as CPC Quality Smash Repairs ("the Respondent") over the restoration of the Appellants' motor vehicle, a 1956 Morris Minor utility ("the Vehicle"), commencing in mid-2016.

Background

2. Briefly stated the dispute arose from the following arrangements.

3. During 2015, Gino Di Cesare, on behalf of the Respondent, viewed the Vehicle and, according to the Appellants, provided them with an estimate of the restoration costs of $20,000.

4. The Appellants then engaged (our neutral term) the Respondent to undertake the restoration and the Vehicle was taken into the Respondent's possession during 2017.

5. On 13 November 2017, the Respondent issued the first invoice to the Appellants for work in the amount of $4,433 which was paid by the Appellants.

6. Separately, and at a different site, a mechanic was engaged to perform certain mechanical and electrical work which the Appellants agreed to pay.

7. On 19 March 2019, the Respondent issued a second invoice (wrongly dated 13 November 2017) for an amount of $12,940.11. The Appellants sought an itemised account which, as it turned out, was not provided until May 2022.

8. Nonetheless, on 29 March 2019, the Appellants paid the second invoice on the understanding, they claimed, that a detailed account would follow shortly, bringing their payments up to $17,373.11.

9. On 16 February 2022, the Appellants again requested an itemised account of the second invoice of $12,940.11.

10. On 18 March 2022, the Appellants directed the Respondent to cease any further work on the Vehicle.

11. On 29 June 2022, the Respondent provided to the Appellants two itemised invoices, one for the amount of $22,407.00 and a separate invoice for the amount of $3,388.00.

12. At the time of issuing the instruction on 18 March 2022 to stop any further work the Vehicle was still a long way from being fully refurbished.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1972deb5c7d44dfd07040389)

Disclaimer: Curated by HT Syndication.