Green v Modern Roof Restorations (NSW) Pty Ltd [2021] NSWCATCD 101

Green v Modern Roof Restorations (NSW) Pty Ltd [2021] NSWCATCD 101

Given the presumption in favour of rectification under section 48MA and the respondent's willingness and ability to rectify, as well as the mixed expert evidence, rectification was ordered as the appropriate remedy rather than damages.

Parties
Applicant: Debbie Green; Respondent: Modern Roof Restorations (NSW) Pty Ltd
Jurisdiction
Australia
Judgment Date
29 October 2021
Procedural Posture
Home Building Claim / Final Orders
Outcome
Rectification order granted; damages refused.
Legal Topics
Defective Workmanship, Rectification of Works, Home Building Act 1989 (nsw), Compensation Vs Rectification
Building and Construction Defective Workmanship Rectification of Works Home Building Act 1989 (nsw) Compensation Vs Rectification

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Parties

Debbie Green

Applicant

Modern Roof Restorations (NSW) Pty Ltd

Respondent

Procedural Posture

Home Building Claim / Final Orders

Legal Issues

  1. 1 Whether the respondent's works were defective and incomplete
  2. 2 Whether rectification by the respondent or damages should be ordered

Ratio Decidendi

Given the presumption in favour of rectification under section 48MA and the respondent's willingness and ability to rectify, as well as the mixed expert evidence, rectification was ordered as the appropriate remedy rather than damages.

Court Disposition

Rectification order granted; damages refused.

Orders

  • On or before 17 December 2021 the respondent is to rectify in a proper and workmanlike manner the defects as set out in the reports of Mr Pieter Kastelen of Jim's Building Inspections dated 19 November 2020 and Mr Ian Clark of Paintinspection dated 24 January 2021, including priming and re-coating of the roof,...