Lee v The Australian Construction and Building Group Pty Limited [2015] NSWCATCD 18

Lee v The Australian Construction and Building Group Pty Limited [2015] NSWCATCD 18

The applicants validly renewed the proceedings and the respondent breached the consent orders, including the payment obligations, which enlivened Schedule 3. However, the applicants had frustrated the respondent's ability to complete the external works, and permitting them to obtain the claimed money order after...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
04 February 2015
Procedural Posture
Home Building Renewal Proceedings for Enforcement of Consent Orders / Consequential Orders
Outcome
Renewal proceedings resulted in orders giving effect to the consent orders by permitting completion and rectification works, requiring access, requiring payment of two thirds of report costs, and affirming the consent orders in all other respects.
Legal Topics
['renewal of Proceedings' 'enforcement of Consent Orders' 'access for Rectification Works' 'expert Determination' 'tribunal Jurisdiction to Enforce Money Orders']
['home Building' 'consumer and Commercial' 'civil Procedure'] ['renewal of Proceedings' 'enforcement of Consent Orders' 'access for Rectification Works' 'expert Determination' 'tribunal Jurisdiction to Enforce Money Orders']

Source-derived case record

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Procedural Posture

Home Building Renewal Proceedings for Enforcement of Consent Orders / Consequential Orders

Legal Issues

  1. 1 ['Whether the applicants were entitled to renew proceedings to enforce the CTTT consent orders made on 2 December 2013.' 'Whether the respondent breached the consent orders and whether Schedule 3 was enlivened.' 'Whether the Tribunal had jurisdiction to enforce or revisit consent orders, including money payment orders.' "Whether the applicants had frustrated the respondent's performance of the external works and what orders should be made to give effect to the consent orders." 'Whether the respondent should pay the costs of the Building & Construction Reports inspections and report.']

Ratio Decidendi

The applicants validly renewed the proceedings and the respondent breached the consent orders, including the payment obligations, which enlivened Schedule 3. However, the applicants had frustrated the respondent's ability to complete the external works, and permitting them to obtain the claimed money order after denying access would not be a just resolution. The Tribunal had limited jurisdiction to revisit consent orders and no further jurisdiction over the payment orders once the certificate process had been used. The appropriate course was to make orders enabling the respondent to complete the external works and rectify identified internal defects at its cost, with the applicants...

Court Disposition

Renewal proceedings resulted in orders giving effect to the consent orders by permitting completion and rectification works, requiring access, requiring payment of two thirds of report costs, and affirming the consent orders in all other respects.

Orders

  • ['Within 14 days of publication of this decision the applicants and the respondent are to agree on a timetable for the completion of the External Works identified in the Scott Schedule and the remedying of the defects identified by the report of Building & Construction Reports authored by Mr Barry Morris dated 1...