Staniland v Integrity Homes Pty Ltd t/a Integrity New Homes [2015] NSWCATCD 90

Staniland v Integrity Homes Pty Ltd t/a Integrity New Homes [2015] NSWCATCD 90

The Tribunal found that orders made on 19 July 2013 incorporated the defect schedule, including instructions requiring demolition and reconstruction for item 3c (concrete slabs) and additional instructions for item 5 (stacker door). These orders were not challenged and the applicants are entitled to renew proceedings for enforcement under s 43. No new enforceable agreement arose from the 29 October 2013 directions hearing.

Parties
Applicant: Robert Staniland; Applicant: Kristine Staniland; Respondent: Integrity New Homes Pty Ltd t/a Integrity New Homes
Jurisdiction
Australia
Judgment Date
03 August 2015
Procedural Posture
Home Building Contract Dispute / Interlocutory Determination and Directions for Further Hearing
Outcome
Tribunal satisfied the rectification orders include demolition and reconstruction for item 3c; proceedings stood over to directions hearing; costs reserved.
Legal Topics
Enforcement of Rectification Orders, Settlement Agreements, Renewal of Tribunal Proceedings
Consumer Law Contract Law Building and Construction Law Enforcement of Rectification Orders Settlement Agreements Renewal of Tribunal Proceedings

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Parties

Robert Staniland

Applicant

Kristine Staniland

Applicant

Integrity New Homes Pty Ltd t/a Integrity New Homes

Respondent

Procedural Posture

Home Building Contract Dispute / Interlocutory Determination and Directions for Further Hearing

Legal Issues

  1. 1 Whether Tribunal orders mandated demolition and reconstruction or repair of concrete slabs
  2. 2 Whether present proceedings are a proper renewal under s 43 Consumer, Trader and Tenancy Tribunal Act
  3. 3 Whether a new enforceable agreement arose during later Tribunal hearings

Ratio Decidendi

The Tribunal found that orders made on 19 July 2013 incorporated the defect schedule, including instructions requiring demolition and reconstruction for item 3c (concrete slabs) and additional instructions for item 5 (stacker door). These orders were not challenged and the applicants are entitled to renew proceedings for enforcement under s 43. No new enforceable agreement arose from the 29 October 2013 directions hearing.

Court Disposition

Tribunal satisfied the rectification orders include demolition and reconstruction for item 3c; proceedings stood over to directions hearing; costs reserved.

Orders

  • Rectification order for item 3c includes instructions: 'Rectify poor concrete finish and incorrect grades and levels to patio and porch. Demolish and reconstruct.'
  • Rectification order for item 5 includes additional instructions detailed in item 5 of defect schedule.