Christopher Sheppard and Melanie Sheppard v GMK Developing Services Pty Ltd [2015] NSWCATCD 53

Christopher Sheppard and Melanie Sheppard v GMK Developing Services Pty Ltd [2015] NSWCATCD 53

The Tribunal found that certain building defects were established and attributed to the responsibility of the respondent builder, particularly relating to sub-floor ventilation, ill-fitting doors, deflected flooring, and others as documented in the scope of works. For timber floor damage, monetary compensation was ordered as the reasonable remedy. The Tribunal concluded that the builder should return to perform specified rectification works, but monetary compensation is to be paid for damaged timber flooring. The orders specify which rectification works must be completed, within timeframe, with conditions regarding insurance, and provide for money order should works not be completed to...

Parties
Applicant: Christopher Sheppard; Applicant: Melanie Sheppard; Respondent: GMK Developing Services Pty Ltd
Jurisdiction
Australia
Judgment Date
22 April 2015
Procedural Posture
Home Building Dispute / Final Determination
Outcome
Partly allowed
Legal Topics
Home Building Defects, Causation of Defects, Liability for Defects, Reasonable Repairs, Rectification Orders, Money Orders
Consumer Law Construction Law Home Building Defects Causation of Defects Liability for Defects Reasonable Repairs Rectification Orders Money Orders

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Parties

Christopher Sheppard

Applicant

Melanie Sheppard

Applicant

GMK Developing Services Pty Ltd

Respondent

Procedural Posture

Home Building Dispute / Final Determination

Legal Issues

  1. 1 Are identified building defects the responsibility of the respondent builder?
  2. 2 Is the preferred remedy a rectification order or a money order?
  3. 3 What is the quantum for reasonable rectification/replacement of building defects?

Ratio Decidendi

The Tribunal found that certain building defects were established and attributed to the responsibility of the respondent builder, particularly relating to sub-floor ventilation, ill-fitting doors, deflected flooring, and others as documented in the scope of works. For timber floor damage, monetary compensation was ordered as the reasonable remedy. The Tribunal concluded that the builder should return to perform specified rectification works, but monetary compensation is to be paid for damaged timber flooring. The orders specify which rectification works must be completed, within timeframe, with conditions regarding insurance, and provide for money order should works not be completed to...

Court Disposition

Partly allowed

Orders

  • The respondent is to complete rectification works as specified (items 2 to 9) in accordance with expert recommendations within 60 days, subject to extensions for inclement weather or other reasons not within control.
  • The respondent is to arrange home owners warranty insurance for the works if original insurance does not apply.