Jennifer Spencer and Ricardo Spencer v T M Building Consultants Pty Ltd (HB 12/07020) T M Building Consultants Pty Ltd v Jennifer Spencer and Ricardo Spencer (HB 13/40263) [2014] NSWCATCD 113

Jennifer Spencer and Ricardo Spencer v T M Building Consultants Pty Ltd (HB 12/07020) T M Building Consultants Pty Ltd v Jennifer Spencer and Ricardo Spencer (HB 13/40263) [2014] NSWCATCD 113

The contract more likely than not terminated on or about 16 October 2011 by the builder abandoning the site. The builder was liable for significant defective and incomplete work, including non-compliant ceiling heights, under the contract and the statutory warranties in HBA s 18B. Rectification by demolition and reconstruction for the ceiling height defect was necessary and reasonable, and the home-owners proved damages of $199,421.72. The builder's variation claims did not comply with the HBA or the contract and largely failed as quantum meruit claims, except for variation 3, subject to an agreed deduction, leaving $2,603.00 to set off. The builder was therefore required to pay the...

Jurisdiction
Australia
Judgment Date
27 June 2014
Procedural Posture
Home Building Applications Concerning Residential Building Work, Alleged Defects and Incomplete Works, and a Builder's Claim for Payment for Additional Works / Principal Judgment; Reserved Decision on the Papers After the Parties Agreed the Matters Could Be Determined Without a Hearing
Outcome
Applications determined on the papers; T M Building Consultants Pty Ltd ordered to pay Jennifer Spencer and Ricardo Spencer jointly $196,818.72 immediately, with costs to be addressed by further submissions or hearing request if required.
Legal Topics
['hearing on the Papers' 'residential Building Work' 'statutory Warranties' 'defective and Incomplete Building Work' 'rectification Damages' 'contract Termination by Abandonment' 'quantum Meruit' 'variations']
['home Building' 'contract Law' 'civil Procedure'] ['hearing on the Papers' 'residential Building Work' 'statutory Warranties' 'defective and Incomplete Building Work' 'rectification Damages' 'contract Termination by Abandonment' 'quantum Meruit' 'variations']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Home Building Applications Concerning Residential Building Work, Alleged Defects and Incomplete Works, and a Builder's Claim for Payment for Additional Works / Principal Judgment; Reserved Decision on the Papers After the Parties Agreed the Matters Could Be Determined Without a Hearing

Legal Issues

  1. 1 ['When and in what circumstances the contract terminated' 'Whether the work was incomplete or defective and whether the home-owners were entitled to damages' 'Whether the proposed remediation of allegedly defective works was a reasonable course to adopt' 'Whether the builder was owed a sum as a quantum meruit for work performed for the home-owners']

Ratio Decidendi

The contract more likely than not terminated on or about 16 October 2011 by the builder abandoning the site. The builder was liable for significant defective and incomplete work, including non-compliant ceiling heights, under the contract and the statutory warranties in HBA s 18B. Rectification by demolition and reconstruction for the ceiling height defect was necessary and reasonable, and the home-owners proved damages of $199,421.72. The builder's variation claims did not comply with the HBA or the contract and largely failed as quantum meruit claims, except for variation 3, subject to an agreed deduction, leaving $2,603.00 to set off. The builder was therefore required to pay the...

Court Disposition

Applications determined on the papers; T M Building Consultants Pty Ltd ordered to pay Jennifer Spencer and Ricardo Spencer jointly $196,818.72 immediately, with costs to be addressed by further submissions or hearing request if required.

Orders

  • ['Pursuant to the NCAT Act Schedule 1 and the provisions of the CTTT Acts 34(1), an order is made dispensing with a hearing in both matters.' 'TM Building Consultants Pty Ltd shall pay Jennifer Spencer and Ricardo Spencer, jointly, the sum of $196,818.72 immediately.' 'If the parties are unable to agree on the issue...