Lin v McIntosh [2016] NSWCATCD 6

Lin v McIntosh [2016] NSWCATCD 6

The Tribunal found that the respondents, as owner builders, breached statutory warranties by failing to adequately waterproof the extensions, resulting in defects. The claim was within the statutory time limit, and the evidence established proper quantification of loss. The Tribunal found for the applicants and awarded rectification costs and costs of proceedings.

Parties
Applicant: Jun Lin; Applicant: Weijing Chen (aka Esther Chan); Respondent: Owan McIntosh; Respondent: Vanessa McIntosh
Jurisdiction
Australia
Judgment Date
15 January 2016
Procedural Posture
Home Building Dispute / Decision After Hearing on the Papers
Outcome
Applicant successful; judgment for rectification and costs awarded.
Legal Topics
Home Building Statutory Warranties, Owner Builder Liability, Substituted Service, Costs in Tribunal Proceedings
Consumer Law Building and Construction Home Building Statutory Warranties Owner Builder Liability Substituted Service Costs in Tribunal Proceedings

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Parties

Jun Lin

Applicant

Weijing Chen (aka Esther Chan)

Applicant

Owan McIntosh

Respondent

Vanessa McIntosh

Respondent

Procedural Posture

Home Building Dispute / Decision After Hearing on the Papers

Legal Issues

  1. 1 Whether respondents, as owner builders, breached statutory warranties under the Home Building Act 1989 (NSW) due to building defects
  2. 2 Whether the respondents were responsible for the works alleged to be defective
  3. 3 Whether the application was brought within the statutory limitation period

Ratio Decidendi

The Tribunal found that the respondents, as owner builders, breached statutory warranties by failing to adequately waterproof the extensions, resulting in defects. The claim was within the statutory time limit, and the evidence established proper quantification of loss. The Tribunal found for the applicants and awarded rectification costs and costs of proceedings.

Court Disposition

Applicant successful; judgment for rectification and costs awarded.

Orders

  • The respondent is to pay the applicant the sum of $105,102.00 immediately.
  • The respondent is to pay to the applicant the costs of these proceedings as agreed or assessed.