Ding v Sanli Design & Construction Pty Ltd [2021] NSWCATCD 115

Ding v Sanli Design & Construction Pty Ltd [2021] NSWCATCD 115

Of the eleven claimed defects, only three—roof cavity electrical wiring, cracked driveway crossing, and stormwater drainage—were not barred by prior proceedings or Anshun estoppel. Each constituted defective work under the Home Building Act 1989 (NSW). As rectification by the builder is the preferred statutory outcome and both insufficient and excessive monetary estimates were presented, orders were made requiring the builder to carry out the remedial work specified by 28 February 2022 at their cost, with associated inspection, design, and certification to be provided. Costs were apportioned at 25% to the owners for both this and the related proceeding due to the separability and...

Jurisdiction
Australia
Judgment Date
20 December 2021
Procedural Posture
Building Claim / Final Decision and Orders After Hearing
Outcome
Application partly allowed; work order made for specified defects; application otherwise dismissed; partial costs awarded to applicants.
Legal Topics
['res Judicata' 'anshun Estoppel' 'defective Building Work' 'work Order Vs Money Order']
['civil Procedure' 'building and Construction'] ['res Judicata' 'anshun Estoppel' 'defective Building Work' 'work Order Vs Money Order']

Case Brief

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Procedural Posture

Building Claim / Final Decision and Orders After Hearing

Legal Issues

  1. 1 ['Whether claims are barred by res judicata or Anshun estoppel' 'Whether defects exist in roof cavity electrical wiring, cracked driveway crossing, and stormwater drainage' 'Whether work order or money order should be granted for rectification']

Ratio Decidendi

Of the eleven claimed defects, only three—roof cavity electrical wiring, cracked driveway crossing, and stormwater drainage—were not barred by prior proceedings or Anshun estoppel. Each constituted defective work under the Home Building Act 1989 (NSW). As rectification by the builder is the preferred statutory outcome and both insufficient and excessive monetary estimates were presented, orders were made requiring the builder to carry out the remedial work specified by 28 February 2022 at their cost, with associated inspection, design, and certification to be provided. Costs were apportioned at 25% to the owners for both this and the related proceeding due to the separability and...

Court Disposition

Application partly allowed; work order made for specified defects; application otherwise dismissed; partial costs awarded to applicants.

Orders

  • ['The respondent is to carry out the work set out in Appendix A, in a proper and workmanlike manner, and complete that work by 28 February 2022.' 'The builder is to bear the cost of the inspection, design, and certification required by paragraphs 3 and 4 in Appendix A.' 'The application is otherwise dismissed.' 'The...