Nazmul Nisha Khan v Shinwoo Kang and Sung Ju Lee trading as SK Floor Sanding [2014] NSWCATCD 237

Nazmul Nisha Khan v Shinwoo Kang and Sung Ju Lee trading as SK Floor Sanding [2014] NSWCATCD 237

The work performed by the respondents was not carried out in a proper and workmanlike manner, as required by statutory warranties implied under s 18B of the Home Building Act 1989. The applicant was therefore entitled to compensation for rectification ($3,600.00) and for excess timber purchased due to respondents’...

Source-derived case information.

Parties
Applicant: Nazmul Nisha Khan; Respondent: Shinwoo Kang; Respondent: Sung Ju Lee trading as SK Floor Sanding
Jurisdiction
Australia
Judgment Date
09 December 2014
Procedural Posture
Building Claim / Hearing After Appeal and Remission
Outcome
Applicant substantially succeeds
Legal Topics
Defective Work, Statutory Warranties, Measurement Dispute, Relief From Payment
Consumer Law Building and Construction Law Defective Work Statutory Warranties Measurement Dispute Relief From Payment

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Parties

Nazmul Nisha Khan

Applicant

Shinwoo Kang

Respondent

Sung Ju Lee trading as SK Floor Sanding

Respondent

Procedural Posture

Building Claim / Hearing After Appeal and Remission

Legal Issues

  1. 1 Whether the respondents carried out defective work in breach of statutory warranties
  2. 2 Whether the applicant is entitled to compensation for rectification and over-ordering timber
  3. 3 Whether the applicant is entitled to relief from payment of $3,100.00

Ratio Decidendi

The work performed by the respondents was not carried out in a proper and workmanlike manner, as required by statutory warranties implied under s 18B of the Home Building Act 1989. The applicant was therefore entitled to compensation for rectification ($3,600.00) and for excess timber purchased due to respondents’ incorrect measurement ($800.00). Claim for relief from payment of $3,100.00 failed as respondents’ work was found to be substantially complete.

Court Disposition

Applicant substantially succeeds

Orders

  • The respondents must pay the applicant $4,400.00 within fourteen days of the date of this order.
  • Any application for costs must be made within fourteen days of the date of this order.