Staunton v Lotus Construction Pty Ltd [2016] NSWCATCD 64

Staunton v Lotus Construction Pty Ltd [2016] NSWCATCD 64

Sale of property did not prevent recovery of damages; applicants entitled to damages equalling reasonable cost of rectification based on quotations for disputed items, subject to stay of money order pending restitution of sum previously paid by respondent in compliance with order later set aside on appeal.

Parties
Applicants: Mark and Bernadette Staunton; Respondent: Lotus Construction Pty Ltd
Jurisdiction
Australia
Judgment Date
12 July 2016
Procedural Posture
Building Claim / Merits Determination After Remittal From Internal Appeal
Outcome
Money order in favour of applicants stayed pending restitution; respondents to pay applicants $20,930.80, subject to stay.
Legal Topics
Damages for Defective Building Work, Effect of Sale of Premises, Quantum of Damages, Stay of Money Order Pending Restitution
Home Building Contract Damages for Defective Building Work Effect of Sale of Premises Quantum of Damages Stay of Money Order Pending Restitution

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Parties

Mark and Bernadette Staunton

Applicants

Lotus Construction Pty Ltd

Respondent

Procedural Posture

Building Claim / Merits Determination After Remittal From Internal Appeal

Legal Issues

  1. 1 Does sale of the property preclude entitlement to damages?
  2. 2 What is the appropriate quantum for the three disputed rectification items?
  3. 3 What orders should be made in light of prior payment and appeal outcome?

Ratio Decidendi

Sale of property did not prevent recovery of damages; applicants entitled to damages equalling reasonable cost of rectification based on quotations for disputed items, subject to stay of money order pending restitution of sum previously paid by respondent in compliance with order later set aside on appeal.

Court Disposition

Money order in favour of applicants stayed pending restitution; respondents to pay applicants $20,930.80, subject to stay.

Orders

  • A further hearing is dispensed with pursuant to s 50(1)(c) of the Civil and Administrative Tribunal Act 2013.
  • The respondent is to pay the applicants the sum of $20,930.80 immediately.