Dodd v Balmain Projects Group Pty Ltd [2021] NSWCATCD 82

Dodd v Balmain Projects Group Pty Ltd [2021] NSWCATCD 82

Only certain defects were found to be major defects as defined in the Home Building Act. The preferred outcome is rectification by the responsible party. The Tribunal ordered the respondent to rectify major defects in accordance with the Capaldi report, within set conditions. Claims for other defects, including minor defects, fell outside jurisdiction due to expiry of statutory warranty period or insufficient evidence.

Parties
First Applicant: James Dodd; Second Applicant: Leanne Price; Respondent: Balmain Projects Group Pty Ltd
Jurisdiction
Australia
Judgment Date
17 August 2021
Procedural Posture
Building Claim / Final Determination
Outcome
Partially granted
Legal Topics
Statutory Warranties, Major Defects, Home Building Act, Rectification Orders
Building and Construction Consumer Law Statutory Warranties Major Defects Home Building Act Rectification Orders

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Parties

James Dodd

First Applicant

Leanne Price

Second Applicant

Balmain Projects Group Pty Ltd

Respondent

Procedural Posture

Building Claim / Final Determination

Legal Issues

  1. 1 Whether any defects are a major defect under Home Building Act 1989 (NSW)
  2. 2 Whether a work or a money order should be made for major defects
  3. 3 Whether the Tribunal has jurisdiction regarding minor defects

Ratio Decidendi

Only certain defects were found to be major defects as defined in the Home Building Act. The preferred outcome is rectification by the responsible party. The Tribunal ordered the respondent to rectify major defects in accordance with the Capaldi report, within set conditions. Claims for other defects, including minor defects, fell outside jurisdiction due to expiry of statutory warranty period or insufficient evidence.

Court Disposition

Partially granted

Orders

  • The respondent is to rectify the major defects to the property identified as items 2 so far as the defect "Clamps missing", 9 so far as the defect "No Overflow Provision", 17 and 18 in the Capaldi report in accordance with the scope of works in the Capaldi report, to be completed by 18 October 2021.
  • Proceedings are otherwise dismissed.