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Decisions matching the current search
The Court found negligence in sheet piling works that damaged the Rayman home, rejected a non-delegable duty argument, and awarded damages plus interest.
The District Court held a payment claim was valid despite referring to a non-existent cost-plus contract, and entered judgment for the builder for $153,389.17.
The District Court awarded the homeowners rectification damages, incidental expert expenses, interest, and costs against an unlicensed builder and its director.
The Appeal Panel refused leave and dismissed Spectrum’s appeal over a retaining wall damages award, upholding the Tribunal’s view that the pool work had to be fit for purpose.
Partial arbitral awards were enforced as judgments. The Court held SOPA policy was not the kind of public policy that barred enforcement under s 36.
Appeal Panel refused leave to appeal and dismissed OPES’s appeal, holding the alleged contract variation was sufficiently certain and the new points could not be run for the first time.
The Supreme Court of New South Wales found the defendants liable for defective residential building work, awarded rectification damages, interest and costs, and proceeded despite their non-appearance.
The Tribunal ordered Belle to pay Hanicog $47,585.40 for an undisclosed payment to Hanicog’s agent, but dismissed the ACL, defect and delay claims.
The Tribunal dismissed a claim for refund of a home building compensation premium, holding it was not a building claim and fell outside its jurisdiction.
The Tribunal dismissed a landowner’s statutory warranty claim, holding the architect’s subdivision-application services were too remote from residential building work under the Home Building Act.
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