Vattoly v Baytek Constructions Pty Ltd [2024] NSWCATCD 28

Vattoly v Baytek Constructions Pty Ltd [2024] NSWCATCD 28

The contracts were validly terminated due to the builder's delay, failure to provide required documents for occupation certificate, incomplete and defective work, entitling the owners to damages for rental loss, rectification and completion costs, less the contract balance, with costs awarded to the owners.

Parties
Applicant: Baiju John Vattoly; Applicant: Jincy Jose; Respondent: Baytek Constructions Pty Ltd
Jurisdiction
Australia
Judgment Date
20 February 2024
Procedural Posture
Building and Construction Dispute / Final Decision
Outcome
Judgment for the Applicants; monetary award and costs
Legal Topics
Contract Termination, Damages for Delay, Incomplete Works, Defective Works, Occupation Certificate, Statutory Warranties, Costs
Building and Construction Consumer Law Contract Termination Damages for Delay Incomplete Works Defective Works Occupation Certificate Statutory Warranties +1 more

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Parties

Baiju John Vattoly

Applicant

Jincy Jose

Applicant

Baytek Constructions Pty Ltd

Respondent

Procedural Posture

Building and Construction Dispute / Final Decision

Legal Issues

  1. 1 Whether the contracts were validly terminated
  2. 2 Assessment of damages for delay, failure to provide occupation certificate, incomplete and defective work
  3. 3 Entitlement to costs

Ratio Decidendi

The contracts were validly terminated due to the builder's delay, failure to provide required documents for occupation certificate, incomplete and defective work, entitling the owners to damages for rental loss, rectification and completion costs, less the contract balance, with costs awarded to the owners.

Court Disposition

Judgment for the Applicants; monetary award and costs

Orders

  • The Respondent is to pay the Applicants $109,213.33 immediately.
  • The Respondent is to pay the costs of the Applicants, on the ordinary basis, as agreed or assessed.