Pandeli v Hou [2015] NSWCATAP 58

Pandeli v Hou [2015] NSWCATAP 58

The respondent, having undertaken and performed the installation of the channel drain as part of residential building work, was subject to statutory warranties under s 18B of the Home Building Act 1989 (NSW), and breached the warranty to perform work in a proper and workmanlike manner by installing the channel drain without end plugs. Insufficient evidence was provided regarding quantum of loss, necessitating remittal to the Tribunal for determination.

Jurisdiction
Australia
Judgment Date
16 March 2015
Procedural Posture
Civil Appeal / Appeal Panel Decision, Remitted for Further Hearing on Quantum
Outcome
Appeal allowed in part, liability upheld, quantum remitted for further hearing.
Legal Topics
['breach of Statutory Warranty' 'home Building Act' 'interpretation of Contract Terms' 'owner Builder Status' 'burden of Proof']
['contract' 'building and Construction'] ['breach of Statutory Warranty' 'home Building Act' 'interpretation of Contract Terms' 'owner Builder Status' 'burden of Proof']

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Procedural Posture

Civil Appeal / Appeal Panel Decision, Remitted for Further Hearing on Quantum

Legal Issues

  1. 1 ['Whether respondent breached statutory warranties implied under s 18B of the Home Building Act 1989 (NSW)' 'Whether installation of channel drain was within scope of work contracted to respondent' 'Whether sufficient evidence was provided to discharge burden of proof regarding breach and quantum of loss']

Ratio Decidendi

The respondent, having undertaken and performed the installation of the channel drain as part of residential building work, was subject to statutory warranties under s 18B of the Home Building Act 1989 (NSW), and breached the warranty to perform work in a proper and workmanlike manner by installing the channel drain without end plugs. Insufficient evidence was provided regarding quantum of loss, necessitating remittal to the Tribunal for determination.

Court Disposition

Appeal allowed in part, liability upheld, quantum remitted for further hearing.

Orders

  • ['Appeal allowed in part.' 'Matter remitted to Tribunal for hearing as to quantum of loss suffered by appellants by reason of breach of warranty by respondent.' 'No order as to costs of appeal, each party to bear own costs.']