Easy Trades Australia Pty Ltd v The Owners – Strata Plan No. 3844 [2024] NSWCATAP 194

Easy Trades Australia Pty Ltd v The Owners – Strata Plan No. 3844 [2024] NSWCATAP 194

There was evidence to support the finding that the stairs were defective. The Tribunal erred in not expressly applying the Bellgrove v Eldridge test but, on reconsideration, the demolition and rebuild methodology was found both necessary for conformity with the contract and reasonable. The builder did not establish a legal or factual basis for set off, so no deduction from the rectification cost was warranted.

Parties
Appellant: Easy Trades Australia Pty Ltd; Respondent: The Owners – Strata Plan No. 3844
Jurisdiction
Australia
Judgment Date
04 October 2024
Procedural Posture
Internal Appeal / Appeal Determination (final Orders)
Outcome
Appeal dismissed
Legal Topics
Rectification Methodology, Damages for Defective Work, Equitable Set Off, Statutory Warranties
Building and Construction Law Consumer Law Rectification Methodology Damages for Defective Work Equitable Set Off Statutory Warranties

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Parties

Easy Trades Australia Pty Ltd

Appellant

The Owners – Strata Plan No. 3844

Respondent

Procedural Posture

Internal Appeal / Appeal Determination (final Orders)

Legal Issues

  1. 1 Whether there was evidence to support finding of defects rather than incomplete work in staircase
  2. 2 Whether the Tribunal applied the correct legal test for selection of rectification methodology for brickwork
  3. 3 Whether builder was entitled to equitable set off for unpaid contract balance

Ratio Decidendi

There was evidence to support the finding that the stairs were defective. The Tribunal erred in not expressly applying the Bellgrove v Eldridge test but, on reconsideration, the demolition and rebuild methodology was found both necessary for conformity with the contract and reasonable. The builder did not establish a legal or factual basis for set off, so no deduction from the rectification cost was warranted.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.