Long v Stair Lock Pty Ltd [2021] NSWCATCD 24

Long v Stair Lock Pty Ltd [2021] NSWCATCD 24

The Respondent breached the contract by failing to supply and install the long American Oak post as shown in the CAD drawing, contrary to contractual obligations, but otherwise complied with the contract and specifications. No evidence supported broader claims of defective workmanship or that the product was not as contracted.

Jurisdiction
Australia
Judgment Date
22 June 2021
Procedural Posture
Home Building Claim / Hearing and Final Decision
Outcome
Application partly allowed; work order made for replacement post; otherwise dismissed.
Legal Topics
['statutory Warranty' 'contractual Remedies' 'specification Breach' 'home Building Act 1989 (nsw)']
['building and Construction' 'consumer Law'] ['statutory Warranty' 'contractual Remedies' 'specification Breach' 'home Building Act 1989 (nsw)']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Home Building Claim / Hearing and Final Decision

Legal Issues

  1. 1 ['Whether the Respondent breached statutory warranties under s.18B of the Home Building Act 1989 (NSW)' 'Whether the staircase supplied and installed conformed to contractual specifications' 'Whether materials used were fit for the specified purpose']

Ratio Decidendi

The Respondent breached the contract by failing to supply and install the long American Oak post as shown in the CAD drawing, contrary to contractual obligations, but otherwise complied with the contract and specifications. No evidence supported broader claims of defective workmanship or that the product was not as contracted.

Court Disposition

Application partly allowed; work order made for replacement post; otherwise dismissed.

Orders

  • ["Pursuant to s.48MA of the Home Building Act 1989 (NSW), the Respondent is to supply and install a replacement American Oak post to the staircase delivered and installed at the Applicant's residence within 28 days, such post to be Oak Square and of no less than 1979mm length." 'If the Respondent fails to comply...