Rehman v F&F Smart Homes Pty Ltd [2023] NSWCATCD 12

Rehman v F&F Smart Homes Pty Ltd [2023] NSWCATCD 12

A work order is made for defective items, reflecting statutory preference and practical benefits. Money order is granted for cost savings from lower-rated insulation ($1,412.25), incomplete swimming pool ($21,480.96), and delay damages ($3,357.43), totaling $26,250.64. Calculation of delay and rent loss is limited to periods and evidence reasonably proved. Rectification methods accepted when reasonable and supported by expert evidence; certain alleged defects rejected for want of reliable evidence. Costs to be determined after written submissions.

Parties
Applicant: Abdul Mateen Rehman; Respondent: F&F Smart Homes Pty Ltd
Jurisdiction
Australia
Judgment Date
16 January 2023
Procedural Posture
Building and Construction—defective, Incomplete Work, Delay / Final Determination—principal Judgment
Outcome
Work order for defects; monetary award for incomplete work and delay; costs submissions ordered.
Legal Topics
Defective Work, Incomplete Work, Delay Damages, Statutory Warranties, Rectification Orders, Damages, Mitigation of Loss, Work Order Vs Money Order, Costs
Building and Construction Contracts Consumer Protection Civil Procedure Defective Work Incomplete Work Delay Damages Statutory Warranties +5 more

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Parties

Abdul Mateen Rehman

Applicant

F&F Smart Homes Pty Ltd

Respondent

Procedural Posture

Building and Construction—defective, Incomplete Work, Delay / Final Determination—principal Judgment

Legal Issues

  1. 1 Should a work order or money order be made for defective building work?
  2. 2 Assessment of damages for incomplete work and delay?
  3. 3 Entitlement and calculation of damages for delayed completion and incomplete swimming pool?

Ratio Decidendi

A work order is made for defective items, reflecting statutory preference and practical benefits. Money order is granted for cost savings from lower-rated insulation ($1,412.25), incomplete swimming pool ($21,480.96), and delay damages ($3,357.43), totaling $26,250.64. Calculation of delay and rent loss is limited to periods and evidence reasonably proved. Rectification methods accepted when reasonable and supported by expert evidence; certain alleged defects rejected for want of reliable evidence. Costs to be determined after written submissions.

Court Disposition

Work order for defects; monetary award for incomplete work and delay; costs submissions ordered.

Orders

  • The respondent is to carry out a work order, as set out in Schedule 1.
  • The respondent is to pay the applicant $26,250.64 forthwith.