CPD Holdings Pty Ltd t/as The Bathroom Exchange v John Baguley and Daniela Baguley (HB 13/20778) John Baguley and Daniela Baguley v CPD Holdings Pty Ltd t/as The Bathroom Exchange (HB 13/27768) [2014] NSWCATCD 120

CPD Holdings Pty Ltd t/as The Bathroom Exchange v John Baguley and Daniela Baguley (HB 13/20778) John Baguley and Daniela Baguley v CPD Holdings Pty Ltd t/as The Bathroom Exchange (HB 13/27768) [2014] NSWCATCD 120

Home-owners were entitled to compensation for defective and incomplete building work based on statutory warranties under Home Building Act 1989 s 18B. The appropriate measure of damages was the reasonable and necessary cost to rectify defects, as per expert opinion, set off against the sum owed under the builder's claim. Net amount payable to home-owners determined by set-off.

Jurisdiction
Australia
Judgment Date
11 July 2014
Procedural Posture
Tribunal Proceedings (home Building Division) / Final Decision
Outcome
Builder ordered to pay home-owners net compensation after set-off
Legal Topics
['statutory Warranties' 'defective Work' 'damages' 'compensation' 'contract Termination']
['home Building' 'contract Law' 'consumer Protection'] ['statutory Warranties' 'defective Work' 'damages' 'compensation' 'contract Termination']

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Procedural Posture

Tribunal Proceedings (home Building Division) / Final Decision

Legal Issues

  1. 1 ['Whether residential building work was defective and incomplete' 'Quantum and method of compensation for defects and incomplete work' 'Set-off between competing claims' 'Application of statutory warranties under Home Building Act 1989']

Ratio Decidendi

Home-owners were entitled to compensation for defective and incomplete building work based on statutory warranties under Home Building Act 1989 s 18B. The appropriate measure of damages was the reasonable and necessary cost to rectify defects, as per expert opinion, set off against the sum owed under the builder's claim. Net amount payable to home-owners determined by set-off.

Court Disposition

Builder ordered to pay home-owners net compensation after set-off

Orders

  • ['CPD Holdings Pty Ltd t/as The Bathroom Exchange shall pay John Baguley and Daniela Baguley, jointly, the sum of $9,780.00 immediately' 'If parties are unable to agree on costs, short written submissions on that issue may be filed within 21 days' 'Any party seeking a hearing on costs may make written request to the...