Catapult Constructions Pty Ltd v Denison No 2 [2018] NSWCATAP 186

Catapult Constructions Pty Ltd v Denison No 2 [2018] NSWCATAP 186

The Tribunal and the Appeal Panel found the Appellant in breach of statutory warranties for defective masonry pier supports and waterproofing; the Appellant is required to perform rectification works as detailed, which reflect the contract requirements and applicable regulatory standards, and the attempts to require greater precision or evidence as to the cause were rejected as unnecessary given the collapse and water penetration proved non-compliance.

Jurisdiction
Australia
Judgment Date
01 August 2018
Procedural Posture
Civil Appeal / Appeal Panel Decision After Submissions
Outcome
Orders for rectification works and directions for costs submissions. Respondent granted leave to renew proceedings if orders are not complied with.
Legal Topics
['statutory Warranties' 'rectification Orders' 'costs' 'home Building Act 1989']
['building and Construction Law'] ['statutory Warranties' 'rectification Orders' 'costs' 'home Building Act 1989']

Case Brief

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Procedural Posture

Civil Appeal / Appeal Panel Decision After Submissions

Legal Issues

  1. 1 ['Whether builder was in breach of contract and statutory warranties under the Home Building Act 1989' 'Whether Tribunal erred in law regarding findings as to defects and appropriate rectification orders']

Ratio Decidendi

The Tribunal and the Appeal Panel found the Appellant in breach of statutory warranties for defective masonry pier supports and waterproofing; the Appellant is required to perform rectification works as detailed, which reflect the contract requirements and applicable regulatory standards, and the attempts to require greater precision or evidence as to the cause were rejected as unnecessary given the collapse and water penetration proved non-compliance.

Court Disposition

Orders for rectification works and directions for costs submissions. Respondent granted leave to renew proceedings if orders are not complied with.

Orders

  • ['The Appellant shall execute detailed rectification works in accordance with specified drawings and requirements, including waterproofing, AG drainage, termite protection, balustrade rectification, internal finishes, and provision of insurance certificates and licences.' 'The Respondent is to provide site access...