Taraschi v Jessop Constructions Pty Limited [2024] NSWCATCD 37

Taraschi v Jessop Constructions Pty Limited [2024] NSWCATCD 37

The builder breached implied statutory warranties under Home Building Act 1989 by modifying the western retaining wall rendering it unfit for purpose, and by installing drainage that was inadequate to cope with overland water flow, with substandard fence installation. The breaches justified an award of damages for the cost of rectification works; builder’s costing evidence was rejected in favour of independent expert evidence.

Parties
Applicant: Valerio Taraschi; Respondent: Jessop Constructions Pty Limited
Jurisdiction
Australia
Judgment Date
13 March 2024
Procedural Posture
Application for Damages Due to Defective Building Work / Final Judgment
Outcome
judgment for applicant
Legal Topics
Defective Building Work, Statutory Warranties, Residential Building Disputes, Drainage Compliance
Building and Construction Defective Building Work Statutory Warranties Residential Building Disputes Drainage Compliance

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Parties

Valerio Taraschi

Applicant

Jessop Constructions Pty Limited

Respondent

Procedural Posture

Application for Damages Due to Defective Building Work / Final Judgment

Legal Issues

  1. 1 Whether the builder breached statutory warranties under the Home Building Act 1989
  2. 2 Whether the drainage works complied with statutory requirements/NCC
  3. 3 Liability for defective works concerning retaining wall, drainage, and fencing

Ratio Decidendi

The builder breached implied statutory warranties under Home Building Act 1989 by modifying the western retaining wall rendering it unfit for purpose, and by installing drainage that was inadequate to cope with overland water flow, with substandard fence installation. The breaches justified an award of damages for the cost of rectification works; builder’s costing evidence was rejected in favour of independent expert evidence.

Court Disposition

judgment for applicant

Orders

  • Jessop Constructions Pty Limited must pay Valerio Taraschi the sum of $123,683.25 immediately.
  • Any costs application must be lodged and served within 14 days.