Kay v 3D Design & Build Pty Ltd [2016] NSWCATCD 81

Kay v 3D Design & Build Pty Ltd [2016] NSWCATCD 81

The respondent failed to complete specified items in the Tribunal's 30 January 2015 work order (items 5.1.3, 5.1.6, 5.1.7, 22, 41, 43), and the applicant provided sufficient evidence of loss or likely cost to rectify those items. The Tribunal may (and does) order the respondent to pay $29,609.40 to the applicant,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 September 2016
Procedural Posture
Renewal Application Consumer/commercial Building Dispute / Final Determination on Remitted/renewed Application
Outcome
Application granted in part: respondent ordered to pay $29,609.40 to applicant; orders made regarding procedure for any costs applications.
Legal Topics
['renewal of Tribunal Proceedings' 'home Building Claims' 'contractual Remedies' 'assessment of Damages']
['consumer Law' 'building and Construction Law'] ['renewal of Tribunal Proceedings' 'home Building Claims' 'contractual Remedies' 'assessment of Damages']

Source-derived case record

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Procedural Posture

Renewal Application Consumer/commercial Building Dispute / Final Determination on Remitted/renewed Application

Legal Issues

  1. 1 ["Whether the respondent complied with orders 5 and 6 of the Tribunal's 30 January 2015 work order within the specified period" "Applicant's entitlement to monetary order for non-compliance and assessment of damages"]

Ratio Decidendi

The respondent failed to complete specified items in the Tribunal's 30 January 2015 work order (items 5.1.3, 5.1.6, 5.1.7, 22, 41, 43), and the applicant provided sufficient evidence of loss or likely cost to rectify those items. The Tribunal may (and does) order the respondent to pay $29,609.40 to the applicant, being the proved (and, as necessary, estimated) rectification costs for non-compliance with orders, applying s 48O of the Home Building Act and the Tribunal's powers on a renewal application under Sch 4 cl 8 of the Civil and Administrative Tribunal Act 2013.

Court Disposition

Application granted in part: respondent ordered to pay $29,609.40 to applicant; orders made regarding procedure for any costs applications.

Orders

  • ['3D Design & Build Pty Ltd must pay Amber Kay the sum of $29,609.40 immediately.' 'Any costs application pursuant to section 60 of the Civil and Administrative Tribunal Act 2013 or rule 38 of the Civil and Administrative Tribunal Rules 2014 must be lodged and served within 21 days of the date of the orders, with...