De Marco v Macey [2021] NSWCATAP 291

De Marco v Macey [2021] NSWCATAP 291

The Appeal Panel dismissed the builder's appeal, finding procedural fairness was accorded, all Tribunal findings concerning termination and compensable loss were supported by evidence, and remediation costs were substantiated by lowest of three builder quotations. Mathematical errors in calculation were corrected, increasing the ordered payment to owners to $389,184.

Parties
Appellant: Godfrey Charles De Marco; Respondent: David Macey; Respondent: Debbie Macey
Jurisdiction
Australia
Judgment Date
28 September 2021
Procedural Posture
Internal Appeal / Appeal Panel Decision
Outcome
Appeal dismissed, order varied to correct loss amount, costs awarded to respondents
Legal Topics
Procedural Fairness, Remediation Costs, Termination of Contract, Award of Costs
Home Building Contract Law Procedural Fairness Remediation Costs Termination of Contract Award of Costs

Case Brief

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Parties

Godfrey Charles De Marco

Appellant

David Macey

Respondent

Debbie Macey

Respondent

Procedural Posture

Internal Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether the Tribunal failed to accord procedural fairness to the builder
  2. 2 Whether the Tribunal erred in quantifying remediation and completion costs
  3. 3 Whether the Tribunal erred in acceptance of evidence and calculation of contractual loss

Ratio Decidendi

The Appeal Panel dismissed the builder's appeal, finding procedural fairness was accorded, all Tribunal findings concerning termination and compensable loss were supported by evidence, and remediation costs were substantiated by lowest of three builder quotations. Mathematical errors in calculation were corrected, increasing the ordered payment to owners to $389,184.

Court Disposition

Appeal dismissed, order varied to correct loss amount, costs awarded to respondents

Orders

  • Time for filing the appeal is extended to 8 July 2020.
  • The Tribunal order of 8 July 2020 is varied: builder to pay owners $389,184 (instead of $317,919).