Iftikhar v Rockwall Homes Pty Ltd [2023] NSWCATCD 44

Iftikhar v Rockwall Homes Pty Ltd [2023] NSWCATCD 44

The Tribunal found the builder breached statutory warranties under s 18B of the Home Building Act 1989 (NSW) in relation to five defects, preferred the homeowner's expert evidence, and determined the appropriate remedy was a money order due to relational breakdown and builder's prior conduct, rather than a work order. Quantum was assessed per the method adopted from the homeowner's expert, subject to certain adjustments for industry-standard percentages and insurance.

Jurisdiction
Australia
Judgment Date
04 April 2023
Procedural Posture
Building Claim / Consumer Claim / Principal Judgment After Final Hearing
Outcome
Applicant awarded monetary compensation; builder ordered to pay applicant within 14 days; directions made for any subsequent costs application.
Legal Topics
['statutory Warranties' 'defective Residential Building Work' 'home Building Act 1989 (nsw)' 'assessment of Damages' 'orders for Money or Rectification']
['building and Construction' 'consumer Law'] ['statutory Warranties' 'defective Residential Building Work' 'home Building Act 1989 (nsw)' 'assessment of Damages' 'orders for Money or Rectification']

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Procedural Posture

Building Claim / Consumer Claim / Principal Judgment After Final Hearing

Legal Issues

  1. 1 ['Whether the builder breached the statutory warranties in s 18B of the Home Building Act 1989 (NSW)' 'Appropriate method of rectification for building defects' 'Whether to make a work order or money order' 'Cost of rectification for established defects']

Ratio Decidendi

The Tribunal found the builder breached statutory warranties under s 18B of the Home Building Act 1989 (NSW) in relation to five defects, preferred the homeowner's expert evidence, and determined the appropriate remedy was a money order due to relational breakdown and builder's prior conduct, rather than a work order. Quantum was assessed per the method adopted from the homeowner's expert, subject to certain adjustments for industry-standard percentages and insurance.

Court Disposition

Applicant awarded monetary compensation; builder ordered to pay applicant within 14 days; directions made for any subsequent costs application.

Orders

  • ['The respondent is to pay the applicant $129,863.41 within 14 days of the date of these orders.' 'Any costs applicant to file and serve submissions and documents on the costs application by 14 days from the date of these orders.' 'The costs respondent to file and serve submissions and documents on the costs...