Vicki Brimelow v Gregory Sharpe [2011] NSWDC 127

Vicki Brimelow v Gregory Sharpe [2011] NSWDC 127

The Tribunal Member's reduction of the defects amount to $9,500 was adequately reasoned and fairly available, subject to the respondent's concession that a further $476 should be added. Although the Tribunal Member erred in treating the appellant's February 2007 letter as founding estoppel by representation, the contract was properly construed as not requiring the respondent to install the solar panels or water tank. The plans and specifications were not attached to or identified in the contract, the Home Building Act 1989 did not itself make the respondent liable to perform every item depicted on unidentified plans, and a reasonable person considering the scope of works, quotation and...

Jurisdiction
Australia
Judgment Date
02 September 2011
Procedural Posture
Civil Appeal Concerning Residential Building Work / Appeal Pursuant to S 67 of the Consumer Trader and Tenancy Tribunal Act 2001 From Orders of the Consumer Trader and Tenancy Tribunal
Outcome
Appeal dismissed except that the defects compensation order was increased by $476 by consent.
Legal Topics
['defective Residential Building Work' 'construction of Written Building Contract' 'home Building Act Requirements for Plans and Specifications' 'estoppel by Representation' 'parol Evidence Rule' 'adequacy of Tribunal Reasons']
['building and Construction' 'contract Law' 'consumer Law'] ['defective Residential Building Work' 'construction of Written Building Contract' 'home Building Act Requirements for Plans and Specifications' 'estoppel by Representation' 'parol Evidence Rule' 'adequacy of Tribunal Reasons']

Case Brief

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Procedural Posture

Civil Appeal Concerning Residential Building Work / Appeal Pursuant to S 67 of the Consumer Trader and Tenancy Tribunal Act 2001 From Orders of the Consumer Trader and Tenancy Tribunal

Legal Issues

  1. 1 ['Whether the Tribunal Member gave adequate reasons for reducing the assessed defects amount from $11,416 to $9,500.' 'Whether the respondent was contractually required to install solar panels and a water tank depicted on plans.' 'Whether provisions of the Home Building Act 1989 and the contract required all work depicted in the plan to be performed.' "Whether the appellant's February 2007 letter could give rise to estoppel by representation." 'How the written building contract should be construed in light of the parol evidence rule and surrounding circumstances.']

Ratio Decidendi

The Tribunal Member's reduction of the defects amount to $9,500 was adequately reasoned and fairly available, subject to the respondent's concession that a further $476 should be added. Although the Tribunal Member erred in treating the appellant's February 2007 letter as founding estoppel by representation, the contract was properly construed as not requiring the respondent to install the solar panels or water tank. The plans and specifications were not attached to or identified in the contract, the Home Building Act 1989 did not itself make the respondent liable to perform every item depicted on unidentified plans, and a reasonable person considering the scope of works, quotation and...

Court Disposition

Appeal dismissed except that the defects compensation order was increased by $476 by consent.

Orders

  • ['In addition to the sum of $9,500 provided for in Order 1 of the orders of the Consumer Trader and Tenancy Tribunal dated 19 October 2010, Gregory Sharpe is to pay Vicki Brimelow the sum of $476.' 'In all other respects the appeal is dismissed.' "The appellant is to pay the respondent's costs of the appeal. This...