GPM Constructions Pty Limited v Baker [2018] NSWCATAP 119

GPM Constructions Pty Limited v Baker [2018] NSWCATAP 119

The Appeal Panel held that the Tribunal was entitled to find, on the evidence, that the contract was at an end (either by performance or abandonment), that the homeowner was entitled to damages for defective building work under both contract and statutory warranties, and that the builder had been given reasonable opportunity to rectify defects but failed to do so. The Tribunal did not err in preferring a money order over a work order, having regard to the irretrievable breakdown of relations, previous opportunities for rectification, and statutory preference for builder rectification being a policy preference rather than a mandate. The Tribunal's detailed reasons established no error of...

Parties
Appellant: GPM Constructions Pty Limited; Respondent: Yolanne Louise Baker
Jurisdiction
Australia
Judgment Date
21 May 2018
Procedural Posture
Appeal / Appeal Panel Decision on Internal Appeal From Consumer and Commercial Division of the NSW Civil and Administrative Tribunal
Legal Topics
Defective Building Work, Mitigation of Loss, Tribunal Discretion, Statutory Warranties, Preferred Rectification Outcome, Money Order Vs Work Order, Appeals and Leave to Appeal
Building and Construction Contract Consumer Protection Defective Building Work Mitigation of Loss Tribunal Discretion Statutory Warranties Preferred Rectification Outcome +2 more

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Parties

GPM Constructions Pty Limited

Appellant

Yolanne Louise Baker

Respondent

Procedural Posture

Appeal / Appeal Panel Decision on Internal Appeal From Consumer and Commercial Division of the NSW Civil and Administrative Tribunal

Legal Issues

  1. 1 Whether the building contract was at an end by performance or abandonment
  2. 2 Whether homeowner was entitled to damages for defective work
  3. 3 Whether homeowner failed to act reasonably or failed to mitigate loss by not requesting builder to return to rectify defects

Ratio Decidendi

The Appeal Panel held that the Tribunal was entitled to find, on the evidence, that the contract was at an end (either by performance or abandonment), that the homeowner was entitled to damages for defective building work under both contract and statutory warranties, and that the builder had been given reasonable opportunity to rectify defects but failed to do so. The Tribunal did not err in preferring a money order over a work order, having regard to the irretrievable breakdown of relations, previous opportunities for rectification, and statutory preference for builder rectification being a policy preference rather than a mandate. The Tribunal's detailed reasons established no error of...