Peter Hanna v Nelson Semaan, Badr Habib, George Semaan, Fawaz Habib and Fadi Habib [2015] NSWCATCD 38

Peter Hanna v Nelson Semaan, Badr Habib, George Semaan, Fawaz Habib and Fadi Habib [2015] NSWCATCD 38

Badr Habib, Nelson Semaan, and George Semaan were each found to be builders, liable jointly and severally for the cost of rectifying major defects. Only Badr Habib was ordered to pay due to the legal incapacity of the other two respondents. Claims against Fawaz Habib and Fadi Habib for misleading and deceptive conduct were dismissed for lack of evidence.

Jurisdiction
Australia
Judgment Date
24 March 2015
Procedural Posture
Home Building Dispute / Final Determination
Outcome
Claim allowed against Badr Habib; dismissed against other respondents for legal reasons.
Legal Topics
['defective Works' 'delay Damages' 'variations' 'misleading or Deceptive Conduct']
['home Building' 'consumer Law'] ['defective Works' 'delay Damages' 'variations' 'misleading or Deceptive Conduct']

Case Brief

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Procedural Posture

Home Building Dispute / Final Determination

Legal Issues

  1. 1 ['Whether the respondents were builders liable for defective works under the Home Building Act 1989' 'Whether applicant entitled to compensation for rectification costs' 'Whether respondents Fawaz Habib and Fadi Habib were liable for misleading and deceptive conduct']

Ratio Decidendi

Badr Habib, Nelson Semaan, and George Semaan were each found to be builders, liable jointly and severally for the cost of rectifying major defects. Only Badr Habib was ordered to pay due to the legal incapacity of the other two respondents. Claims against Fawaz Habib and Fadi Habib for misleading and deceptive conduct were dismissed for lack of evidence.

Court Disposition

Claim allowed against Badr Habib; dismissed against other respondents for legal reasons.

Orders

  • ['Badr Habib is to pay the amount of $265,765.00 to the applicant within 60 days of the date of these orders.' 'No order made in relation to Nelson Semaan as he is deceased and no application for substitution of estate.' 'No order made in relation to George Semaan pursuant to s58 of the Bankruptcy Act 1966 (Cth).'...