Denmeade v Travers [2023] NSWCATCD 3

Denmeade v Travers [2023] NSWCATCD 3

The evidence established defective and incomplete work by the builder and an objective breakdown of relationship between the parties. In accordance with statutory warranties and relevant case law, a money order for rectification costs is warranted as a timely and cost-effective resolution, rather than a work order.

Jurisdiction
Australia
Judgment Date
06 February 2023
Procedural Posture
Home Building Dispute / Final Determination
Outcome
Money order in favour of applicant
Legal Topics
['home Building' 'defective and Incomplete Works' 'statutory Warranties' 'remedial Orders']
['real Property' 'consumer Law'] ['home Building' 'defective and Incomplete Works' 'statutory Warranties' 'remedial Orders']

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Procedural Posture

Home Building Dispute / Final Determination

Legal Issues

  1. 1 ['Whether the respondent breached statutory warranties under the Home Building Act 1989 (NSW) due to defective and incomplete works' 'Whether the owner is entitled to a money order or work order for remediation of defects' 'Appropriate measure and amount of compensation for rectification of defects']

Ratio Decidendi

The evidence established defective and incomplete work by the builder and an objective breakdown of relationship between the parties. In accordance with statutory warranties and relevant case law, a money order for rectification costs is warranted as a timely and cost-effective resolution, rather than a work order.

Court Disposition

Money order in favour of applicant

Orders

  • ['Order that Phillip Travers pay Melanie Denmeade $32,798.88 on or before 27 February 2023']