Gassman v Peck [2017] NSWCATCD 90

Gassman v Peck [2017] NSWCATCD 90

A money order for the homeowners is appropriate as the builder failed to comply with previous work orders due to poor planning rather than any conduct of the homeowners, and a further work order is not justified given the history of non-compliance.

Jurisdiction
Australia
Judgment Date
13 October 2017
Procedural Posture
Application for Breach of Statutory Warranty (renewal Proceedings) / Final Determination
Outcome
Builder ordered to pay homeowners for rectification costs; provision for parties to make submissions on costs; costs to be determined on the papers unless parties request oral hearing.
Legal Topics
['statutory Warranties' 'rectification of Defective Work' 'renewal of Proceedings' 'preferred Outcome Under S48 Ma']
['home Building' 'consumer Law'] ['statutory Warranties' 'rectification of Defective Work' 'renewal of Proceedings' 'preferred Outcome Under S48 Ma']

Case Brief

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Procedural Posture

Application for Breach of Statutory Warranty (renewal Proceedings) / Final Determination

Legal Issues

  1. 1 ['Whether the builder failed to comply with the work orders made by the Tribunal on 11 December 2015' 'Whether a further work order or a money order is the appropriate remedy' 'The quantum of damages for defective works']

Ratio Decidendi

A money order for the homeowners is appropriate as the builder failed to comply with previous work orders due to poor planning rather than any conduct of the homeowners, and a further work order is not justified given the history of non-compliance.

Court Disposition

Builder ordered to pay homeowners for rectification costs; provision for parties to make submissions on costs; costs to be determined on the papers unless parties request oral hearing.

Orders

  • ['The builder is to pay the homeowners the amount of $17,475.22 immediately.' 'Any party intending to make submissions in relation to costs must provide documents and submissions by 27 October 2017.' 'Any response submissions in relation to costs to be provided by 10 November 2017.' 'The issue of costs will be...