Stanwell v Bradley & Simpson [2014] NSWCATCD 223

Stanwell v Bradley & Simpson [2014] NSWCATCD 223

The waterproofing and related works in the applicant's bathroom were not completed in a proper and workmanlike manner, in breach of implied statutory warranties, necessitating rectification of the bathroom; the applicant is entitled to rectification by the respondents and reimbursement of expert report costs.

Jurisdiction
Australia
Judgment Date
20 November 2014
Procedural Posture
Building Claim / Final Decision
Outcome
Work and money order made in applicant's favour with costs for expert report to applicant; rectification required within specified period.
Legal Topics
['home Building' 'defective and Incomplete Residential Building Work' 'statutory Warranties' 'rectification Orders']
['consumer Law' 'building and Construction Law'] ['home Building' 'defective and Incomplete Residential Building Work' 'statutory Warranties' 'rectification Orders']

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Procedural Posture

Building Claim / Final Decision

Legal Issues

  1. 1 ['Whether the building contract and works complied with the Home Building Act 1989 and associated Regulations' 'Whether the work performed was proper and workmanlike' 'Whether alleged defects and incomplete works are established' 'Entitlement to damages or rectification orders' 'Responsibility for costs']

Ratio Decidendi

The waterproofing and related works in the applicant's bathroom were not completed in a proper and workmanlike manner, in breach of implied statutory warranties, necessitating rectification of the bathroom; the applicant is entitled to rectification by the respondents and reimbursement of expert report costs.

Court Disposition

Work and money order made in applicant's favour with costs for expert report to applicant; rectification required within specified period.

Orders

  • ['On or before 28 February 2015, Anthony James Bradley and Brian Peter Simpson are to cause the undertaking of the work specified in the attached Schedule, in a proper and workmanlike manner.' 'On or before 28 February 2015, Anthony James Bradley and Brian Peter Simpson, jointly and severally, are to pay Patricia...