Giovas v F.E.V Mono Constructions Pty Ltd [2015] NSWCATCD 16

Giovas v F.E.V Mono Constructions Pty Ltd [2015] NSWCATCD 16

The Tribunal found that multiple building defects constituted breaches of statutory warranties under s 18B of the Home Building Act 1989, and accepted the findings and quantum in the amended joint expert report and other expert evidence, awarding $55,955.80 in damages to the applicant. The Tribunal rejected the additional claim for bathroom and laundry leaks, finding insufficient evidence of either defect or causation.

Jurisdiction
Australia
Judgment Date
03 February 2015
Procedural Posture
Building Claim, Damages for Breach of Statutory Warranties / Final Determination After Hearing
Outcome
In HB 12/31182, judgment for applicant for $55,955.80; in HB 13/62541, application dismissed.
Legal Topics
['statutory Warranties' 'building Defects' 'expert Evidence' 'damages' 'contractual Interpretation']
['building and Construction Law' 'consumer Law'] ['statutory Warranties' 'building Defects' 'expert Evidence' 'damages' 'contractual Interpretation']

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Procedural Posture

Building Claim, Damages for Breach of Statutory Warranties / Final Determination After Hearing

Legal Issues

  1. 1 ['Whether there was a breach of statutory warranties under s 18B of the Home Building Act 1989 in relation to alleged building defects' 'Appropriate quantum of damages for defective building work' "Whether the joint experts' report should be relied on as evidence of liability and quantum" 'Whether additional defects and leaks in bathrooms and laundry were established' 'Whether rectification or monetary damages are the appropriate order']

Ratio Decidendi

The Tribunal found that multiple building defects constituted breaches of statutory warranties under s 18B of the Home Building Act 1989, and accepted the findings and quantum in the amended joint expert report and other expert evidence, awarding $55,955.80 in damages to the applicant. The Tribunal rejected the additional claim for bathroom and laundry leaks, finding insufficient evidence of either defect or causation.

Court Disposition

In HB 12/31182, judgment for applicant for $55,955.80; in HB 13/62541, application dismissed.

Orders

  • ['The respondent is to pay the applicant the sum of $55,955.80 by 23 March 2015.' 'The application in HB 13/62541 is dismissed.']