Nouh v Sigma Group Industries Pty Ltd [2021] NSWCATCD 21

Nouh v Sigma Group Industries Pty Ltd [2021] NSWCATCD 21

Applicant, as successor in title, is entitled to statutory warranty rights under the Home Building Act; respondent breached statutory warranties by failing to carry out work with due care and skill, resulting in major defects substantiated by expert evidence; applicant is entitled to damages and costs.

Parties
Applicant: Usama Nouh; Respondent: Sigma Group Industries Pty Ltd
Jurisdiction
Australia
Judgment Date
30 June 2021
Procedural Posture
Building Defects Claim / Final Judgment
Outcome
Judgment for applicant
Legal Topics
Statutory Warranties, Building Defects, Costs
Building and Construction Consumer Law Statutory Warranties Building Defects Costs

Case Brief

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Parties

Usama Nouh

Applicant

Sigma Group Industries Pty Ltd

Respondent

Procedural Posture

Building Defects Claim / Final Judgment

Legal Issues

  1. 1 Breach of statutory warranties under Home Building Act 1989 (NSW)
  2. 2 Entitlement of successor in title to statutory warranty rights
  3. 3 Assessment of damages for major defects

Ratio Decidendi

Applicant, as successor in title, is entitled to statutory warranty rights under the Home Building Act; respondent breached statutory warranties by failing to carry out work with due care and skill, resulting in major defects substantiated by expert evidence; applicant is entitled to damages and costs.

Court Disposition

Judgment for applicant

Orders

  • Sigma Group Industries Pty Ltd must pay Usama Nouh $77,962.50 immediately.
  • Sigma Group Industries Pty Ltd must pay Usama Nouh's costs of the proceedings on the ordinary basis, such costs if not agreed to be assessed in accordance with the Legal Profession Uniform Law Application Act 2014 (NSW).