Orantia v Xpertise Construction Pty Limited [2022] NSWCATCD 115

Orantia v Xpertise Construction Pty Limited [2022] NSWCATCD 115

Both Mr Hussein and XCPL were contracting parties, liable for defective performance. Respondents breached statutory warranties under s. 18B of the Home Building Act 1989 (NSW), and the applicant is entitled to $15,000 damages. No further payment is due from the applicant to the respondents for works at the property.

Jurisdiction
Australia
Judgment Date
07 July 2022
Procedural Posture
Building Claim / Final Determination
Outcome
Applicant succeeds; respondents liable for damages; no money owing by applicant for alleged additional works.
Legal Topics
['home Building Contracts' 'statutory Warranties' 'licensing' 'damages']
['building and Construction' 'consumer Law'] ['home Building Contracts' 'statutory Warranties' 'licensing' 'damages']

Case Brief

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Procedural Posture

Building Claim / Final Determination

Legal Issues

  1. 1 ['Breach of statutory warranties under Home Building Act 1989 (NSW)' 'Liability of contractor for defective work' 'Entitlement to damages' 'Entitlement to payment for work allegedly performed' 'Contractor identity and binding parties']

Ratio Decidendi

Both Mr Hussein and XCPL were contracting parties, liable for defective performance. Respondents breached statutory warranties under s. 18B of the Home Building Act 1989 (NSW), and the applicant is entitled to $15,000 damages. No further payment is due from the applicant to the respondents for works at the property.

Court Disposition

Applicant succeeds; respondents liable for damages; no money owing by applicant for alleged additional works.

Orders

  • ['Respondents to pay the applicant the sum of $15,000 immediately pursuant to s. 48O(1)(a) of the Home Building Act 1989.' 'The sum of $161,545.28 claimed by the respondents in respect of works performed at xx Blackett Drive, Castle Hill is not due or owing pursuant to s. 48O(1)(b) of Home Building Act 1989.']