Life Structures Pty Ltd v Burton [2022] NSWCATAP 272

Life Structures Pty Ltd v Burton [2022] NSWCATAP 272

Contractual provisions restricting or limiting statutory warranty rights under s 18B Home Building Act, including restoration clauses, are void to the extent they restrict such rights. Tribunal's findings on causation and quantum for water ingress and associated damages were supported by expert evidence and were not against the weight of the evidence or law; no substantial miscarriage of justice or procedural unfairness was established; leave to appeal was refused and appeal dismissed.

Jurisdiction
Australia
Judgment Date
23 August 2022
Procedural Posture
Internal Appeal / Decision on Leave to Appeal and Merits
Outcome
Leave to appeal is refused; appeal dismissed.
Legal Topics
['statutory Warranties' 'damages' 'contract Interpretation' 'appeals' 'procedural Fairness']
['building and Construction' 'consumer Law'] ['statutory Warranties' 'damages' 'contract Interpretation' 'appeals' 'procedural Fairness']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Internal Appeal / Decision on Leave to Appeal and Merits

Legal Issues

  1. 1 ['Whether s 18G of the Home Building Act 1989 (NSW) operated to render void or read down contractual provisions' "Whether the Tribunal's findings on damages as to defective work, causation, and quantum were against the weight of the evidence or without evidence" 'Whether errors of law occurred in the award of damages and costs' 'Whether procedural fairness was afforded']

Ratio Decidendi

Contractual provisions restricting or limiting statutory warranty rights under s 18B Home Building Act, including restoration clauses, are void to the extent they restrict such rights. Tribunal's findings on causation and quantum for water ingress and associated damages were supported by expert evidence and were not against the weight of the evidence or law; no substantial miscarriage of justice or procedural unfairness was established; leave to appeal was refused and appeal dismissed.

Court Disposition

Leave to appeal is refused; appeal dismissed.

Orders

  • ['Leave to appeal is refused.' 'The appeal is dismissed.' "Subject to order 4, the appellant is to pay the respondent's costs of the appeal, on the ordinary basis, as agreed or assessed." 'If either party seeks a different costs order, order 3 ceases to have effect and applications are to be filed and served,...