Aziz v My Property Inspections Pty Ltd [2021] NSWCATCD 146

Aziz v My Property Inspections Pty Ltd [2021] NSWCATCD 146

The application was dismissed because the Tribunal found that the respondent applied Australian Standard AS 4349-2007 and complied with the agreed scope of the pre-purchase inspection report. The inspection was intended to provide an overview of the general condition of the building and excluded inaccessible areas such as the sub-floor. The Tribunal accepted Mr Saleh’s evidence that, at the time of inspection, any cracks were very fine blemishes and did not resemble the more extensive cracking shown in Jim’s later report. The applicants did not prove that the alleged defects were evident and reportable at the time of the respondent’s inspection, and no breach of the respondent’s...

Jurisdiction
Australia
Judgment Date
23 November 2021
Procedural Posture
Consumer Claim Concerning Supply of Pre Purchase Property Inspection Services / Final Determination After Hearings and Written Submissions
Outcome
The application is dismissed.
Legal Topics
['breach of Contract' 'pre Purchase Inspection Report' 'australian Standard as 4349 2007' 'consumer Claim Jurisdiction' 'assessment of Damages']
['contracts' 'consumer Law' 'negligence'] ['breach of Contract' 'pre Purchase Inspection Report' 'australian Standard as 4349 2007' 'consumer Claim Jurisdiction' 'assessment of Damages']

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Procedural Posture

Consumer Claim Concerning Supply of Pre Purchase Property Inspection Services / Final Determination After Hearings and Written Submissions

Legal Issues

  1. 1 ['Whether the respondent breached the pre-purchase inspection agreement by failing to report alleged defects at the property.' 'Whether the respondent’s inspection and report complied with Australian Standard AS 4349-2007 and the agreed scope of works.' 'Whether alleged defects including cracks, unlevel floors, piers, stormwater connections, and window and door alignment were present and reportable at the time of the respondent’s inspection.' 'Whether inaccessible sub-floor areas were excluded from the inspection scope.' 'Whether the applicants established loss recoverable on a reinstatement or diminution in value basis.']

Ratio Decidendi

The application was dismissed because the Tribunal found that the respondent applied Australian Standard AS 4349-2007 and complied with the agreed scope of the pre-purchase inspection report. The inspection was intended to provide an overview of the general condition of the building and excluded inaccessible areas such as the sub-floor. The Tribunal accepted Mr Saleh’s evidence that, at the time of inspection, any cracks were very fine blemishes and did not resemble the more extensive cracking shown in Jim’s later report. The applicants did not prove that the alleged defects were evident and reportable at the time of the respondent’s inspection, and no breach of the respondent’s...

Court Disposition

The application is dismissed.

Orders

  • ['The matter is dismissed.']